|
4. TERM
<br />This Agreement shall commence on May 1, 2014 and terminate on June 30, 2016, unless terminated
<br />earlier in accordance with Section 13, below, The City Manager shall have the option to extend the term of this
<br />Agreement for up to two (2) additional one -year option periods, on the same terms and conditions set forth
<br />herein.
<br />5. INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor
<br />and not an employee of the City. This Agreement is not intended nor shall it be construed to create an
<br />employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or
<br />control over the professional manner in which Consultant performs the services which are the subject matter of
<br />this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent
<br />with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages,
<br />employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be
<br />responsible for all applicable withholding taxes.
<br />6. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall
<br />require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability
<br />insurance which shall include, but not be limited to protection against claims arising from bodily and personal
<br />injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising
<br />out of Consultant's operations in the performance of this Agreement, including, without limitation, acts
<br />involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
<br />applying to bodily and personal injiuy, including death resulting therefrom, and property damage, in the total
<br />amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its
<br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not
<br />contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain
<br />standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less
<br />than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned
<br />automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor
<br />Code, Consultant, if Consultant has any employees, 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 under this
<br />Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than
<br />$1,000,000 per accident.
<br />d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than
<br />$1,000,000 per claim,
<br />e. The following requirements apply to the insurance to be provided by Consultant pursuant to this
<br />section:
<br />25E -5
<br />
|