DECKSIDE POOL SERVICE - 2009 - Laserfiche WebLink

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RA"Nal a. This Agreement shall commence on April 1, 2009 and terminate on March 31, 2010, unless terminated earlier in accordance with Section 12, below. Any services provided pursuant to this agreement since April 1, 2009 shall be included within the scope of services. b. As to the Second Street Mall Fountain the agreement shall commence on July 1, 2009 and terminate on December 31, 2009 unless terminate earlier in accordance with Section 12, below. c. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to two additional 1 -year terms, upon the election of the City. Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of 51,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit `B" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney.