|
3. TERM
<br />This Agreement shall commence on November 17, 2018 and terminate on November 18,
<br />2018, unless terminated earlier in accordance with Section 12, below.
<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. .Contractor shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s) and shall include, but not be limited to protection against
<br />claims arising from bodily and personal injury, including death resulting therefrom and damage
<br />to property, resulting from any act or occurrence arising out of Contractor'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, and $2,000,000 in the aggregate. Such insurance shall (a)
<br />name the City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
<br />programs maintained by the City; and (c) contain standard separation of insured's 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 California
<br />state law, Contractor, if Contractor has any employees, is required to be insured against liability
<br />for worker's compensation or to undertake self-insurance. Prior to commencing the performance
<br />of the work under this Agreement, Contractor agrees to obtain and maintain any employer's
<br />liability insurance with limits not less than $1,000,000 per accident.
<br />Page 2 of 6
<br />
|