|
T
<br />This Agreement shall commence on the date first written above and terminate on May 31, 2016,
<br />unless terminated earlier in accordance with Section 12 below. The term of this Agreement may
<br />extended upon a writing executed by the City Manager and the City Attorney,
<br />4. INDEPENDENT CONTRACTOR
<br />Contractor 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 Contractor performs the services which are
<br />the subject matter of this Agreement; however, the services to be provided by Contractor shall be
<br />provided in a mummer 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 />5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Contractor shall maintain commercial general
<br />liability insurance naming the City, its officers, employees, agents, volunteers and representatives as
<br />additional insured(s) and shall include, but not be limited to protection against claims arising from bodily
<br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of Contractor's operations in the performance of this Agreement, including,
<br />without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
<br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
<br />property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate.
<br />Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as
<br />additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance
<br />programs maintained by the City; and (c) contain standard separation of insured's provisions.
<br />b, Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
<br />non -owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with California state law, Contractor, if
<br />Contractor has any employees, is required to be insured against liability for worker's compensation or to
<br />undertake self - insurance. Prior to commencing the perfoornance of the work under this Agreement,
<br />Contractor agrees to obtain and maintain any employer's liability insurance with lhnits not less than
<br />$1,000,000 per accident.
<br />d. The following requirements apply to the insurance to be provided by Contractor pursuant to
<br />this section:
<br />(i) Contractor shall maintain all insurance required above in full force and effect for
<br />the entire period covered by this Agreement.
<br />2
<br />25B -18
<br />
|