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<br />initial term, this Agreement may be extended for up to three additional one-year terms on the <br />written agreement of the City and Consultant executed at least thirty (30) days prior to the <br />expiration of the then current term. All provisions of this Agreement shall remain in full force <br />and effect throughout the initial term and any extended one-year tenn. However, the fees and <br />other charges set forth in Exhibit A may be revised and take effect upon the commencement of <br />an extended term, with the written consent of the City following 60 day written notice of new <br />fees and charges by Consultant. <br /> <br />4. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />Consultant shall, during the entire tenn of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, ajoint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant perfonns the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries and <br />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 /> <br />5. <br /> <br />INSURANCE <br /> <br />Prior to undertaking perfonnance 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 /> <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage <br />to property, resulting from any act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts 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 damage, in the total <br />amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed <br />additional insured endorsement in substantially the form attached hereto as Exhibit B upon <br />execution of this Agreement and shall be approved in form by the City Attorney. <br /> <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured <br />against liability for worker's compensation or to undertake self-insurance. Prior to commencing <br />the performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br /> <br />2 <br />