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DocuSign Envelope ID: B170CB9D-63DF-4515-84DD-B8E33348E947 <br />ARAMARK shall provide a monthly accounting of commissary operations for the previous <br />month, and shall submit said accounting and a check representing the CITY's potion of Net <br />Sales to the Santa Ana Jail Administrator. <br />TERM <br />a. The term of this Agreement shall commence on October 20, 2020 until June 30, 2023, <br />unless terminated earlier in accordance with Section 12, below. <br />b. The CITY shall recognize and compensate Aramark for any services provided by <br />Aramark to the CITY since July 1, 2020. <br />c. The parties may amend this Agreement to extend the term and provide additional <br />compensation for this Agreement, subject to finding and approval of any amendment <br />by the City Council, for up to two (2) one (1) year extensions with said additional <br />compensation. <br />4. INDEPENDENT CONTRACTOR <br />ARAMARK 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 <br />shall it be construed to create an employer -employee relationship, a joint venture relationship, or <br />to allow the CITY to exercise discretion or control over the professional manner in which <br />ARAMARK performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by ARAMARK shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. ARAMARK shall pay all salaries <br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, ARAMARK shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. ARAMARK shall maintain commercial <br />general liability insurance listing the City, its officers, and employees as <br />additional insured(s) and which shall include, but not be limited to protection <br />against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising <br />out of ARAMARK's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not <br />less than the following: single limit coverage applying to bodily and personal <br />injury, including death resulting therefrom, and property damage, in the total <br />amount of $ t,000,000 per occurrence, with $2,000,000 in the aggregate. Such <br />insurance shall (a) name the CITY, its officers and employees as additional <br />insured(s); (b) be primary and not contributory with respect to insurance or self- <br />25E-8 <br />