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4. TERM <br />The tern of this Agreement shall be for an initial one (1) year term with two (2) one -year <br />options under the same terms and conditions hereof, exercisable by the City Manager and the City <br />Attorney. <br />5. INDEPIENDENT CONTRAC'T'OR <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 - emplayee 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 applicable <br />standards and regulations governing such services. Contractor shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br />6. 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 described <br />below: <br />a, Commercial General Liability Irtsuranoe. Consultant shall maintain conunercial <br />general liability insurance which shalt 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 aris'i'ng 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 bodily <br />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 insuned(s); (b) be primary with <br />respect to insurance or setP insturance programs maintained by the City; and (c) contain standard <br />separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent torn, 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 -awned automobiles. <br />c. Worker's Compensation insurance. In accordance with the provisions o£ Section 3300 <br />of the Labor Code, Contractor, if Contactor has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self - insurance. Prior to commencing the <br />performance of the work under this Agreement, Contractor agrees to obtain and maintain any <br />employer's liability insurance with limits hot less than $1,000,000 per accident, <br />d. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: <br />(i) Contractor shall maintain all insurance required above in full force and affect <br />for the entire period covered by this Agreement, <br />25A -4 <br />