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3. TERM <br />This Agreement shall commence on. November 15, 2016 and terminate on November 15, <br />2017, unless terminated earlier pursuant to Section 12, below. The term of this Agreement may <br />be extended upon a writing executed by the City Manager and the City Attorney for up to one (1) <br />year. <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 <br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating <br />to its employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain <br />commercial general liability insurance naming the City, its officers, <br />employees, agents, volunteers and representatives as additional insured(s) <br />and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting therefrom and <br />damage to property, resulting from any act or occurrence arising out of <br />Consultant's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance <br />shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and <br />property damage, in the total amount of $1,000,000 per occurrence, with <br />$2,000,000 in the aggregate. Consultant shall supply City with a fully <br />executed additional insured endorsement in substantially the form attached <br />hereto as Exhibit C upon execution of this Agreement. <br />b. Business automobile liability insurance, or equivalent form, with a <br />combined single limit of not less than $1,000,000 per occurrence. Such <br />insurance shall include coverage for owned, hired and non -owned <br />automobiles. <br />25D-4 <br />