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3. TERM <br />This Agreement shall commence on the date first written above on a month-to-month basis, <br />not to exceed six (6) months, unless terminated earlier in accordance with Section 13, below. <br />4. INDEPENDENT CONTRACTOR <br />Concessionaire 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 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 manner in which <br />Concessionaire performs the services which are the subject matter of this Agreement; however, <br />the services to be provided by Concessionaire shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Concessionaire shall pay all salaries <br />and 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 performance of work under this Agreement, Concessionaire shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described <br />below: <br />a. Commercial General Liability Insurance. Concessionaire shall maintain <br />commercial general liability insurance naming the City, its officers, employees, <br />agents, volunteers and representatives as additional insured(s) and shall include, <br />but not be limited to protection against claims arising from bodily and personal <br />injury, including death resulting therefrom and damage to property, resulting from <br />any act or occurrence arising out of Concessionaire's operations in the performance <br />of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage <br />applying to bodily and personal injury, including death resulting therefrom, and <br />propert}Ldamage,—in--the—total—amount of $4,000,000 per—occurrence with <br />$2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, <br />employees, agents, and representatives as additional insured(s); (b) be primary and <br />not contributory with respect to insurance or self-insurance programs maintained <br />by the City; and (c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include <br />coverage for owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3700 of the Labor Code, Concessionaire, if Concessionaire has any employees, is <br />required to be insured against liability for worker's compensation or to undertake <br />self-insurance. Prior to commencing the performance of the work under this <br />Agreement, Concessionaire agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />Page 2 of 9 <br />