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3. TERM
<br /> This Agreement shall have a term of five(5)years starting October 1,2021 and ending September
<br /> 30, 2026, unless terminated earlier in accordance with Section 14, below.
<br /> 4. INDEPENDENT CONTRACTOR
<br /> Consultant 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 Consultant performs the services which are
<br /> the subject matter of this Agreement;however,the services to be provided by Consultant shall be provided
<br /> in a manner consistent with all applicable standards and regulations governing such services. Consultant
<br /> shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
<br /> 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, Consultant shall maintain and
<br /> shall require its subcontractors, if any,to obtain and maintain insurance as described below:
<br /> a. Commercial General Liability Insurance. Consultant 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 therefrom
<br /> and damage to property, resulting from any act or occurrence arising out of Consultant's
<br /> 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
<br /> limit coverage applying to bodily and personal injury, including death resulting therefrom,
<br /> and property damage, in the total amount of$1,000,000 per occurrence, with $2,000,000
<br /> in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br /> and representatives as additional insured(s); (b) be primary and not contributory with
<br /> 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
<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 provisions of Section 3700 of
<br /> the Labor Code, Consultant, if Consultant has any employees, is required to be insured
<br /> against liability for worker's compensation or to undertake self-insurance. Prior to
<br /> commencing the performance of the work under this Agreement, Consultant agrees to
<br /> obtain and maintain any employer's liability insurance with limits not less than$1,000,000
<br /> per accident.
<br /> d. If Consultant is or employs a licensed professional such as an architect or engineer:
<br /> Professional liability(errors and omissions) insurance, with a combined single limit of not
<br /> less than $1,000,000 per claim with$2,000,000 in the aggregate.
<br /> Page 2 of 9
<br /> City Council 24 — 5 5/3/2022
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