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3. TERM
<br />This Agreement shall commence on the date first written above and continue for three (3)
<br />month period, unless terminated earlier in accordance with Section 14, below.
<br />n. PREVAILING WAGE, S
<br />Contractor is aware of the requirements of California Labor Code Section 1720, et sed.,
<br />and 1770, et seq,, as well as California Code of Regulations, Title d, Section 16000, et seq.,
<br />("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
<br />performance of other requirements on "public works" and "maintenance" projects. If the services
<br />being performed are part of an applicable "public works" or "maintenance" project, as defined by
<br />the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
<br />fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the
<br />City, its elected officials, officers, employees and agents free and harmless from any claim or
<br />liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
<br />5. INDEPENDENT CONTRACTOR
<br />Contractor shall, during the entire term of this Agreement, be construed to he an
<br />independent contractor and not an employee of the City. This Agreement is not intended nor shall
<br />it be construed to create an employer-employee relationship, a joint venture relationship, or to
<br />allow the City to exercise discretion or control over the professional maoncr in which Contractor
<br />perforans the services which are the subject matter of this Agreement; however, the services to be
<br />provided by Contractor shall be :provided in a manner consistent with all applicable standards and
<br />regulations governing such services. Contractor shall pay all salaries and wages, employer's social
<br />security taxes, unemployment insurance and similar taxes relating to employees and shall be
<br />responsible for all applicable withholding taxes.
<br />6. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial- General Liability Insurance. Contractor shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not be
<br />limited to protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act
<br />or occurrence arising out of Contractor's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts of
<br />insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
<br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br />and representatives as additionaL insured(s); (b) be primary and not contributory
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