CONCENTRA MEDICAL CENTER dba OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA

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DocuSlgn Envelope ID: 5D3BFA70-490C-4COC-A2FC-B15EBFBB678D The Agreement may be renewed up to two (2) times, for an additional one-year period each time, upon mutual agreement between the parties, and In writing executed by the City Manager, or his/her designee, and the City Attorney, or his/her designee and the Consultant. Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a Joint venture relationship, or to allow the City to exercise discretion or control over the professional manner In which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5, INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require Its subcontractors, if any, to obtain and maintain insurance as described below; a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional Insured(s) and shall Include, but not be limited to protection against claims arising from bodily and personal Injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles; the insurance shall be primary and non- contributory with respect to Insurance or self-insurance programs maintained by the City; and contain standard separation of insureds provisions. ii, The amounts of insurance shall be not less than the following; single limit coverage applying to bodily and personal injury, Including death resulting therefrom, and property damage, In the total amount of $1,000,000 per occurrence with $2,000,000 In the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in a form approved by the City Attorneys Office, b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any Agreement between City of Santa Ana and Concentra