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3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />November 17, 2016, unless terminated earlier in accordance with Section 12, below. However, <br />for continuity of service, the parties intended to have this agreement include services provided <br />since November 18, 2014. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking perforniance of work under this Agreement, Provider shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance, Provider shall maintain commercial general <br />liability insurance which shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Provider's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance <br />shall be not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, <br />employees, agents, volunteers and representatives as additional insured(s); (b) be primary and <br />not contributory with respect to insurance or self-insurance programs maintained by the City; <br />and (c) contain standard separation of insured's provisions. <br />b, Worker's Compensation Insurance. In accordance with California State law, Provider, <br />if Provider has any employees, is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing the performance of the work <br />under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance <br />with limits not less than $1,000,000 per accident. <br />c. The following requirements apply to the insurance to be provided by Provider pursuant <br />to this section: <br />