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Payment need not be made for work which fails to meet the standards of performance <br />set forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on July 1, 2003 and terminate on June 30, <br />2004, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of the <br />Community Development Agency and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant 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 <br />intended nor shall it be construed to create an employer -employee relationship, a joint <br />venture relationship, or to allow the City to exercise discretion or control over the <br />professional manner in which Consultant performs the services which are the subject <br />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 <br />such services. Consultant shall pay all salaries and wages, employer's social security <br />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, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain <br />commercial 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, including <br />death resulting therefrom and damage to property, resulting from any act or occurrence <br />arising out of Consultant's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not less <br />than the following: single limit coverage applying to bodily and personal injury, including <br />death resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence. Consultant shall supply City with a fully executed additional insured <br />endorsement in substantially the form attached hereto as Exhibit F upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <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 include <br />coverage for owned, hired and non -owned automobiles. <br />Page 2 of 9 <br />