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RFP 13-015 <br />3. TERM <br />This term of this Agreement shall be for an initial three (3) year period, commencing on <br />with two (2) additional one-year options to extend, provided that performance is deemed <br />acceptable and if agreeable with the Contractor, unless terminated earlier in accordance with <br />Section 12, below. <br />4. INDEPENDENT CONTRACTOR <br />Contractor 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 />Contractor performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Contractor shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Contractor shall pay all salaries <br />and wages, employer's social security taxes, unemployment insurance, and similar taxes relating <br />to employees including monthly parking fees, and shall be responsible for all applicable <br />withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor 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. Contractor shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers <br />and representatives as additional insured(s) and shall include, but not limited to <br />protection against claims arising from bodily and personal injury, including death <br />resulting therefrom and damage to property, resulting from any act or occurrence <br />arising out of Contractor's operations in the performance of this Agreement, <br />including, without limitation, acts involving vehicles. The amounts of insurance shall <br />be not less than the following: single limit coverage applying to bodily and personal <br />injury, including death resulting therefrom, and property damage, in the total amount <br />of $1,000,000 per occurrence. Contractor shall supply City with full executed <br />additional insured endorsement in substantially the form attached hereto as Exhibit C <br />upon execution of this Agreement and shall be approved in form by the City <br />Attorney. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Contractor, if Contractor has any employees, is required to <br />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, Contractor <br />31 <br />25A-42