|
3. TERM
<br />This Agreement shall commence on July 1, 2020 and terminate on June 30, 2021, unless
<br />terminated earlier in accordance with Section 15, below. The parties agree that certain specified
<br />sections of this Agreement will survive termination or expiration of the Agreement.
<br />4. INDEPENDENT CONTRACTOR
<br />Contractor and its employees, agents and officers shall, during the entire term of this
<br />Agreement, be construed to be independent contractors and not employees of the City. This
<br />Agreement is not intended nor shall it be construed to create an employer -employee relationship,
<br />a joint venture relationship, or to allow the City to exercise discretion or control over the
<br />professional manner in which Contractor performs the services which are the subject matter of this
<br />Agreement; however, the services to be provided by Contractor shall be provided in a manner
<br />consistent with all applicable standards and regulations governing such services. Contractor shall
<br />pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
<br />taxes relating to employees and shall be responsible for all applicable withholding taxes.
<br />Contractor is not an agent, representative, or employee of the City and Contractor shall have no
<br />authority to act on behalf of the City.
<br />5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Contractor 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 Contractor's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts of
<br />insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $2,000,000 per occurrence, with $3,000,000 in the
<br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s); (b) be primary with respect
<br />to insurance or self-insurance programs maintained by the City; 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 not less than $1,000,000 per occurrence. Such insurance shall include
<br />coverage for owned, hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the California Labor Code,
<br />Contractor, if Contractor has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self-insurance. Prior to
<br />
|