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3. T)CI RM
<br />This Agreement shall have aterm of five (5) years starting Ootober 1,:2021 aud' ending September
<br />30, 2026, unless terminated earlier in accordance with Section 14, below.
<br />4. INDEPENI.4ENT 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 Agreemont is not intended nor shall at be construed to
<br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exorcise
<br />discretion or, control over the professional manner in which Consultant performs the Services wbich.are.
<br />the subjectmatter of this Agreement; however, the services to beprovided by Consultant shall beprovided
<br />in manner consistent ruith all applicable standards and regulations governing such services. Consultant
<br />shall pay all salaries and wages, employer's social security tastes, unemployment insurance and similar
<br />takes relating to employees and shall be responsible for all applicable withholding taxes.
<br />5.
<br />Prior is 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 Cretieral Liability Insurance. 'Consultant shall maintain commercial, general
<br />liability insurance naming the City; its officers, employees, agents, volunteers and
<br />representatives as additional insureds) and shall 'include, but not be limited to protection
<br />against claims arising from bodily and personal injury, including death resulting therefrom
<br />and damage to property, resulting from any act or occurrenoe arising out of Consultants
<br />operations in the performance of this Agreement, including, without limitation, act%
<br />;involving vehicles. The amounts of insurance shall be not leas than CIO following: single
<br />limit coverage applying to bodily and personal injury, including death resulting therefrom,
<br />and proporty damage, in the total amount 'of $1,000,060 per occurrence, with $2,000,000
<br />in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br />and representatives as additional •insured(s); (b) be primary and not :contributory with
<br />respect to insurance or self-insurance, 'Pro
<br />maintaitted by the City; and (o) contain
<br />standard! separation of insureds' provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit
<br />of not less: than $1,000,000 per occurrence. Such insurance shall include coverage for
<br />owned, hired and non -awned automobiles.
<br />c. Worker's Compensation Insurance, In accordance with the provisions of Section 3700'cf
<br />the Labor Code, Consultant; if Consultant has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake scIf insurance. Prior 'to
<br />commencingthe performance of the work under this Agreement, Consultant agrees to
<br />obtain and maintainony employer's liability insurance with;limfts not less than $1,000,000
<br />per accident.
<br />d. If Consultant is or. :employs a licensed professional such as an arohitoot or engineer:
<br />Professional liability (errors and omissions) insurance, with acombined single limit of net
<br />less than $1,000,000 per claim with $2,OO11,00ti in the aggregate.
<br />Sage 2 of 9
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