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3. TERM <br />This Agreement shall commence on the date first written above and terminate on December 31, <br />2017, unless terminated earlier in accordance with Section 12, below or extended. The term of this <br />Agreement may be extended by a writing executed by the City Manager and the City Attorney so long as <br />such extension does not increase the compensation set forth in Section 2 hereof. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire terra 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 the <br />subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in <br />amanner consistent with all applicable standards and regulations governing such services. Consultant shall <br />pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br />relating to employees and shall be responsible for all applicable withholding taxes, <br />INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall <br />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 shall <br />include, but not be limited to protection against claims arising from bodily and personal injury, including <br />death resulting therefrom and damage to property, resulting from any act or occurrence arising out of <br />Consultant's operations in the performance of this Agreement, including, without limitation, acts involving <br />vehicles. The 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 amount <br />of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured <br />endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and <br />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 hired and non -owned <br />automobiles. <br />C, Worker's Compensation Insurance, In accordance with the provisions of Section 3300 of the Labor <br />Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing the performance of the work under this <br />Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less <br />than $1,000,000 per accident. <br />D. The following requirements apply to the insurance to be provided by Consultant pursuant to this <br />section: <br />