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monies on the part of the City, Consultant shall pay for the trees, stakes, mulch and planting materials
<br />pursuant to the terms of the California Releaf Grant for this project.
<br />This Agreement shall commence on the date stated above and terminate on December 31, 2021,
<br />unless terminated earlier in accordance with Section 12, below.
<br />4, 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 />5. 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. Commercial General Liability Insurance. Consultant shall maintain commercial general
<br />liability insurance which shall include, but not be limited to protection against claims arising from
<br />bodily and personal injury, including death resulting therefrom and damage to property, resulting from
<br />any act or occurrence arising out of Consultant's operations in the performance of this Agreement,
<br />including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than
<br />the following: single limit coverage applying to bodily and personal injury, including death resulting
<br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in
<br />the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s); (b) be primary and not contributory with respect to insurance
<br />or self-insurance programs maintained by the City; and (c) contain standard separation of insureds
<br />provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
<br />non -owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with California State law, Consultant, if
<br />Consultant has any employees, is required to be insured against liability for worker's compensation or
<br />to undertake self-insurance, Prior to commencing the performance of the work under this Agreement,
<br />Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than
<br />$1,000,000 per accident.
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