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<br /> <br /> <br /> <br /> <br /> <br /> This Agreement may be renewed for two (2) additional one (1) year periods with the consent of <br /> the Chief of Police and the City Attorney. <br /> 4. INDEPENDENT CONTRACTOR <br /> <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 /> <br /> 5. INSURANCE <br /> <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 /> <br /> a. Public Liability Insurance. ARAMARK shall maintain public liability insurance, <br /> including product liability insurance including the CITY, its officers, employees, agents, as <br /> additional insured(s) to the extent the City is liable for loss or damage arising out of <br /> ARAMARK's negligent or intentional acts in its performance of the services defined in this <br /> Agreement. The amounts of insurance shall be single limit coverage applying to bodily injury, <br /> including death resulting therefrom, and property damage, in the total amount of $1,000,000 per <br /> occurrence. ARAMARK shall supply CITY with a fully executed certificate of insurance <br /> including the City, its officers, employees, representatives and volunteers as additional insureds, <br /> in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall <br /> be approved in form by the City Attorney. <br /> <br /> b. Vendor's Protective Liability and Property Damage Insurance in the same minimum <br /> coverages as under Public Liability Insurance. <br /> <br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br /> of the Labor Code, ARAMARK is required to be insured against liability for worker's <br /> compensation or to undertake self-insurance. Prior to commencing the performance of the work <br /> under this Agreement, ARAMARK agrees to provide and maintain any employer's liability <br /> insurance with limits not less than $1,000,000 per accident. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 3 <br /> 25E-5 <br />