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3. TERM <br />This Agreement shall commence on November 21, 2018 and terminate on November 20, 2021, unless <br />terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a <br />writing executed by the Executive Director of the Human Resources Department and !the City Attorney. <br />i <br />The Agreement may be renewed up to two (2) times, for an additional one-year period each time upon a <br />writing executed by the City Manager, or his/her designee, and the City Attorney, or his/her designee. <br />I <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor <br />and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- <br />employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the <br />professional manner in which ;Consultant performs the services which are the subject; matter of this Agreement; <br />however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment'insurance and similar taxes relating to employees and 'shall be responsible for all <br />applicable withholding taxes. <br />5. 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. <br />i. Consultant shall maintain commercial general liability insurance naming the City, its <br />officers, agents, volunteers, and employees as additional insured(s) and shall include, but <br />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 <br />arising out of Consultant's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. <br />ii. 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 <br />damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City <br />with a fully executed additional insured endorsement in substantially the form attached <br />hereto as Exhibit B upon execution of this Agreement and shall be approved in form by <br />the City Attorney. <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 <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />C. Errors and Omissions. Consultant shall maintain professional liability (errors and omissions) <br />insurance, with a combined single limit of not less than $1,000,000 per claim. <br />d. The following requirements apply to the insurance to be provided by Consultant pursuant to this <br />section: <br />City of Santa Ana Human Resources Department <br />RFP for Medical Services Review—August 27, 2018 <br />29E=2 1 <br />