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3. TERM fhis Agreement shall commence on the date first written above and terminate on June 30, 2007, unless terminated earlier in accordance with Seetion 12, below. The term of this Agrccment may be extended upon a writing executed by [he Assistant City Manager for Development Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, he construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it he construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which axe the subject matter of this Agrccment; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similaz taxes relating to employees and shall be responsible for all applicahle withholding tares. 5. INSURANCE Prior to undertaking performance of work wider this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising Iiom bodily aztd personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agrccment, including, without limitation, acts involving vehicles. "Ihe amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1.000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the li>rm attached hereto as Exhibit B upon execution of this Agreement and shall be approved in foml by the City Attorney. b. Business automobile liability insurance, or equivalcm form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owne~d_ hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured agaiust liability for worker's a~mpensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident.