|
<br />
<br />
<br />
<br /> 6. PERFORMANCE PERIOD
<br /> a. This contract shall go into effect on January 4, 2011, contingent upon approval by the City,
<br /> and the Consultant shall commence work after notification to proceed by the City's Contract manager.
<br /> The contract shall end on January 1, 2013, unless extended by contract amendment.
<br /> b. The Consultant is advised that any recommendation for contract award is not binding on the
<br /> City until the contract is fully executed and approved by the City.
<br /> 7. INDEPENDENT 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 Agreement is not intended nor shall it be construed to
<br /> create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
<br /> discretion or control over the professional manner in which Consultant performs the services which are
<br /> the subject matter of this Agreement; however, the services to be provided by Consultant shall be
<br /> provided in a manner consistent with all applicable standards and regulations governing such services.
<br /> Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
<br /> similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
<br /> 8. INSURANCE
<br /> Prior to 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 General Liability Insurance. Consultant shall maintain commercial general
<br /> liability insurance which shall include, but not be limited to protection against claims arising from bodily
<br /> and personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br /> occurrence arising out of Consultant's operations in the performance of this Agreement, including,
<br /> without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
<br /> single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
<br /> property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such
<br /> insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as
<br /> additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by
<br /> the City; and (c) contain standard separation of insureds provisions.
<br /> b. Business automobile liability insurance, or equivalent form, with a combined single limit of
<br /> not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired
<br /> and non-owned automobiles.
<br /> C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br /> Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
<br /> worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work
<br /> under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
<br /> limits not less than $1,000,000 per accident.
<br /> d. Professional liability (errors and omissions) insurance, with a combined single limit of not
<br /> less than $1,000,000 per claim, and $2,000,000 in the aggregate.
<br /> e. The following requirements apply to the insurance to be provided by Consultant pursuant to
<br /> this section:
<br /> 4
<br /> 25G-6
<br />
|