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3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2016, unless terminated earlier in accordance with Section 12, below, This <br />Agreement will include work done since January 1, 2015. <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 [Wanner 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 />Consultant represents that all technical support and maintenance is conducted remotely <br />and that consultant will not send any of its employees to City's property. As a result, evidence, of <br />commercial general liability, worker's compensation, and automobile liability insurance are <br />waived. Notwithstanding, in order for consultant to remotely access City's secure network, City <br />requires the following insurance: <br />a. Professional liability (errors and omissions) insurance, with a combined single limit of <br />not less than $1,000,000 per claim. <br />b. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (3 0) days prior written notice to the City. <br />