Laserfiche WebLink
3. TERM <br /> This Agreement shall commence on the date first written above and continue for a five(5) <br /> year period until October 13,2024,unless terminated earlier in accordance with Section 15,below. <br /> The term of this Agreement may be extended upon a writing executed by the City Manager and <br /> the City Attorney. <br /> 4. INDEPENDENT CONTRACTOR <br /> Consultant 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 shall <br /> it be construed to create an employer-employee relationship, a joint venture relationship, or to <br /> allow the City to exercise discretion or control over the professional manner in which Consultant <br /> performs the services which are the subject matter of this Agreement; however,the services to be <br /> provided by Consultant shall be provided in a manner consistent with all applicable standards and <br /> 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 <br /> responsible for all applicable withholding taxes, <br /> 5. RESERVED <br /> 6. INSURANCE <br /> Prior to undertaking performance of work under this Agreement,Consultant shall maintain <br /> and shall require its subcontractors, if any,to obtain and maintain insurance as described below: <br /> a. Commercial General Liability Insurance. Consultant shall maintain commercial <br /> general liability insurance naming the City, its officers, employees, agents, <br /> volunteers and representatives as additional insured(s)and shall include,but not be <br /> limited to protection against claims arising from bodily and personal injury, <br /> including death resulting therefrom and damage to property,resulting from any act <br /> or occurrence arising out of Consultant's operations in the performance of this <br /> Agreement, including,without limitation,acts involving vehicles. The amounts of <br /> insurance shall be the following: single limit coverage applying to bodily and <br /> personal injury, including death resulting therefrom, and property damage, in the <br /> total amount of$1,000,000 per occurrence,with$2,000,000 in the aggregate. Such <br /> insurance shall (a) name the City, its officers, employees, agents, and <br /> representatives as additional insured(s); (b) be primary and not contributory with <br /> respect to insurance or self-insurance programs maintained by the City,but only to <br /> the extent of iron Mountain's liabilities under the agreement; and (c) contain <br /> standard separation of insureds provisions. <br /> b. Business automobile liability insurance,or equivalent form,with a combined single <br /> limit of$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 Section <br /> 3700 of the Labor Code, Consultant, if Consultant has any employees, is required <br /> Page 2 of <br />