FISCHER, DR. A.T. DVM DBA CHINO VALLEY EQUINE HOSPITAL - 2009

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3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 9, below. The term may be extended upon a writing executed by the Executive Director and the City Attorney. 4. INDEPENDENT CONTRACTOR Surgeon shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be 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 Surgeon performs the services which are the subject matter of this Agreement; however, the services to be provided by Surgeon shall be provided in a manner consistent with all applicable standards and regulations governing such services. Surgeon shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Surgeon shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Surgeon shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Surgeon's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The 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. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Surgeon, if Surgeon has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Surgeon agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Surgeon pursuant to this section: (i) Surgeon shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement.