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K —NA XVH
<br />This Agreement shall commence on November 1, 2015 and terminate on October 31, 2016,
<br />unless terminated earlier in accordance with Section 13, below.
<br />4. INDEPENDENT CONTRACTOR
<br />Provider shall, during the entire term of this Agreement, be construed to be an independent
<br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
<br />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
<br />discretion or control over the professional manner in which Provider performs the services which axe the
<br />subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a
<br />manner consistent with all applicable standards and regulations governing such services. Provider shall
<br />pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
<br />relating to employees and shall be responsible for all applicable withholding taxes.
<br />5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Provider shall maintain and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Provider shall maintain commercial general
<br />liability insurance naming the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s) and shall include, but not be limited to protection
<br />against claims arising from bodily and personal injury, including death resulting
<br />therefrom and damage to property, resulting from any act or occurrence arising out of
<br />Provider's operations in the performance of this Agreement, including, without
<br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the
<br />following: single limit coverage applying to bodily and personal injury, including death
<br />resulting therefrom, and property damage, in the total amount of $1,000,000 per
<br />occurrence, with $2,000,000 in the aggregate, Such insurance shall: (1) name the City,
<br />its officers, employees, agents, volunteers, and representatives as additional insureds; (2)
<br />be primary and not contributory with respect to insurance or self-insurance programs
<br />maintained by the City; and (3) contain standard separation of insured provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit
<br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
<br />owned, hired and non -owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the California Labor Code,
<br />Provider, if Provider has any employees, is required.to be insured against liability for
<br />worker's compensation or to undertake self-insurance. Prior to commencing the
<br />perfonnance of the work under this Agreement, Provider agrees to obtain and maintain
<br />any employer's liability insurance with limits not less than $1,000,000 per accident.
<br />d. The following requirements apply to the insurance to be, provided by Provider pursuant to
<br />this section:
<br />(i) Provider shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this Agreement.
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