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3. TERM
<br />This Agreement shall commence on the date first written above and terminate on May 5, 2015 unless
<br />terminated earlier in accordance with Section 13,
<br />4. OWNERSHIP OF REPORTS AND DOCUMENTS
<br />The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data
<br />produced under this Agreement shall be delivered to, and become the property of City. Copies may be made For
<br />Contractor's records but shall not be furnished to others without written authorization from City. Such
<br />deliverables shall be deemed works Horde for hire and all rights in copyright therein shall be retained by City.
<br />5. INDEPENDENT CONTRACTOR
<br />Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not.
<br />an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -
<br />employee relationship or a joint venture relationship; however, the services to be provided by Contractor shall
<br />be provided in a manner consistent with all applicable standards and regulations governing such services.
<br />Contractor 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 />6. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall require its
<br />subcontractors, if any, to obu iin and maintain insurance as described below:
<br />a. Commercial General Liability Insurance, Contractor 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 />Oct of Contractor's operations in the performance of this Agreement, The amounts of insurance shall be not
<br />less than the following: single limit coverage applying to bodily and personal injury, including death resulting
<br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the
<br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s); (b) be primary and not contributory will) respect to insurance or self -
<br />insurance programs maintained by the City; and (c) contain standard separation or insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less
<br />than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned,
<br />hired and non -owned automobiles.
<br />c. Workers Compensation Insurance. fn accordance with the provisions of Section 3300 ofthe Labor
<br />Code, Contractor, if Contractor has any employees, is required to be insured against liability for Workers
<br />Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this
<br />Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than
<br />One Million Dollars (51,000,000.00) per accident.
<br />d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional
<br />liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars
<br />(51,000,000.00) per claim.
<br />c. The 'following rerluurcments apply to the insurance to be provided by Contractor pursuant to this
<br />section:
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