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3. TERM <br />This Agreement shall commence on the date first written above and terminate on March 31, 2017, <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 the <br />subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in <br />a manner consistent with all applicable standards and regulations governing such services. Consultant shall <br />pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br />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 shall <br />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 and <br />personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 <br />per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, <br />agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with <br />respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation <br />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 />