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3. TERM <br />This Agreement shall commence on the date first written above and shall terminate on <br />December 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended by a writing executed by the City Manager and the City <br />Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Provider shall, during the entire tern of this Agreement, be construed to be an <br />independent Provider 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 Provider <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Provider shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Provider 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 />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described <br />below: <br />a. Commercial General Liability Insurance. Provider 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 <br />be limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any <br />act or occurrence arising out of Contractor's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts <br />of 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 />volunteers and representatives as additional insured(s); (b) be primary with <br />respect to insurance or self - insurance programs maintained by the City; and (c) <br />contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. Such insurance shall <br />include coverage for owned, hired and non -owned automobiles. <br />Page 2 of 8 <br />