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4. TERM <br />This Agreement shall be for a three (3) year term, commencing on the date first written above and <br />terminating on September 15, 2017 unless terminated earlier in accordance with Section 13, below. The <br />Term of this Agreement may be extended by a writing executed by the City Manager and the City <br />Attorney, <br />5. 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 and <br />similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />6. 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. Due to the nature of services provided, Commercial General Liability Insurance is not <br />required. <br />b. 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 />c. Professional liability (errors and omissions) insurance, with a combined single limit of not <br />less than $1,000,000 per claim, and $2,000,000 in the aggregate. <br />d. The following requirements apply to insurance to be provided by Consultant pursuant to this <br />section: <br />(i) Consultant shall maintain all insurance required above for the entire period <br />covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />2 <br />25J -4 <br />