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3. TERM
<br />This Agreement shall commence upon execution of this Agreement and have a
<br />three (3) year term, with the option to renew for an additional two (2) year period.
<br />Intention NOT to renew by either party must be provided ninety (90) days prior to the
<br />expiration of the then -current term. The term of this Agreement may be extended upon a
<br />writing executed by the Executive Director of Parks, Recreation and Community Services
<br />and the City Attorney.
<br />4. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, OD shall
<br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
<br />described below:
<br />a. Commercial General Liability Insurance. OD shall maintain commercial
<br />general liability insurance which shall include, but not be limited to protection against
<br />claims arising from bodily and personal injury, including death resulting therefrom and
<br />damage to property, resulting from any act or occurrence arising out of OD' operations in
<br />the performance of this Agreement, including, without limitation, acts involving vehicles.
<br />The amounts of insurance shall be not less than the following: single limit coverage
<br />applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name
<br />the City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary with respect to insurance or self-insurance programs
<br />maintained by the City; and (c) contain standard separation of insureds provisions.
<br />b. Worker's Compensation Insurance. In accordance with the provisions of
<br />Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required
<br />to be insured against liability for worker's compensation or to undertake self-insurance.
<br />Prior to commencing the performance of the work under this Agreement, Consultant
<br />agrees to obtain and maintain any employer's liability insurance with limits not less than
<br />$1,000,000 per accident.
<br />5. INDEMNIFICATION
<br />OD agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of
<br />claims for personal injury, including death, and claims for property damage, which may
<br />arise from gross negligence of OD or its contractors, subcontractors, agents, employees,
<br />or other persons acting on their behalf which relates to the services described in section 1
<br />of this Agreement. This indemnity and hold harmless agreement applies to all claims for
<br />damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
<br />have been suffered, by reason of the events referred to in this Section or by reason of the
<br />terms of, or effects, arising from this Agreement.
<br />K
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