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3. TERM <br />This Agreement shall commence on the date first written above and terminate on December 31, <br />2013, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended by a writing executed by the Executive Director of Personnel and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the services which are <br />the subject 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 such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance <br />and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />A. Commercial General Liability Insurance. Consultant shall maintain commercial general liability <br />insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and <br />shall include, but not be limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any act or occurrence arising <br />out of Consultant's operations in the performance of this Agreement, including, without limitation, acts <br />involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage <br />applying to bodily and personal injury, including death resulting therefrom, and property damage, in the <br />total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional <br />insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br />B. Business automobile liability insurance, or equivalent form, with a combined single limit of not <br />less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non- <br />owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br />Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for <br />worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work <br />under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $1,000,000 per accident. <br />D. The following requirements apply to the insurance to be provided by Consultant pursuant to <br />this section: <br />2