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'91MEWWRT <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2025 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 <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. 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. Professional Liability (Errors and Omissions) Insurance appropriates to the <br />Consultant's profession, with limit no less than $1,000,000 per occurrence or claim. If a <br />general aggregate limit applies, either the general aggregate limit shall apply separately to <br />this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice <br />the required occurrence limit. If a general aggregate limit applies, either the general <br />aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or <br />the general aggregate limit shall be twice the required occurrence limit. <br />Other Insurance Provisions <br />The insurance policies are to contain, or be endorsed to contain, the following provisions: <br />Additional Insured Status <br />The City, its officers, officials, employees, and volunteers are to be covered as additional insureds <br />on the CGL policy with respect to liability arising out of work or operations performed by or on <br />behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such <br />work or operations. General liability coverage can be provided in the form of an endorsement to <br />the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or bothCG 20 10, CG <br />20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). <br />Primary Coverage <br />For any claims related to this contract, the Consultant's insurance coverage shall be primary <br />insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its <br />officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the <br />City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance <br />and shall not contribute with it. <br />