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be made for work which fails to meet the standards of performance set forth in the Recitals <br /> which may reasonably be expected by City. <br /> 3. TERM <br /> This Agreement shall commence on January 1, 2010 and terminate on December 31, <br /> 2010, unless terminated earlier in accordance with Section 12, below. The term of this <br /> Agreement may be extended for up to two additional one-year terms, at the option of the City, <br /> exercisable by the City Manager. <br /> 4. INDEPENDENT CONTRACTOR <br /> Contractor 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 intended nor <br /> shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br /> to allow the City to exercise discretion or control over the professional manner in which <br /> Contractor performs the services which are the subject matter of this Agreement; however, the <br /> services to be provided by Contractor shall be provided in a manner consistent with all <br /> applicable standards and regulations governing such services. Contractor 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 /> 5. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Contractor 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 commercial <br /> general liability insurance which shall include, but not be limited to protection against claims <br /> arising from bodily and personal injury, including death resulting therefrom and damage to <br /> 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. Such insurance shall (a) name the City, its officers, <br /> employees, agents, 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) contain standard <br /> separation of insureds provisions. <br /> b. Business automobile liability insurance, or equivalent form, with a combined single <br /> limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br /> owned, hired and non-owned automobiles. <br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br /> <br /> of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against <br /> 2 <br /> 25B-4 <br /> <br />