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3. TERM <br />This Agreement shall commence on the date first written above and terminate on March 31, 2016, <br />unless terminated earlier in accordance with Section 12, below, <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance <br />and similar taxes relating to 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 maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />A. Consultant shall maintain commercial general liability insurance which shall include, but not be <br />limited to protection against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's <br />operations in the performance of this Agreement, including, without limitation, acts involving vehicles. <br />The amounts of insurance shall be not less than the following: single limit coverage applying to bodily <br />and personal injury, including death resulting therefrom, and property damage, in the total amount of <br />$1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, <br />employees, agents, volunteers and representatives as additional insmed(s); (b) be primary and not <br />contributory with respect to insurance or self - insurance programs maintained by the City; and (e) contain <br />standard separation of insured's provisions. <br />B. Business automobile liability insurance, or equivalent form, with a combined single limit of not <br />less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - <br />owned automobiles. <br />C. Worker's Compensation Insurance. in accordance with California state law, Consultant, if <br />Consultant has any employees, is required to be insured against liability for worker's compensation or to <br />undertake self-insurance. Prior to commencing the performance of the work under this Agreement, <br />Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br />