<br />Agreement may be extended upon a writing executed by the Executive Director of the
<br />Community Services Agency and the City Attorney,
<br />
<br />4. INDEPENDENT CONTRACTOR
<br />
<br />Consultant shall, during the entire term of this Agreement, be construed to be an
<br />independent contractor and not an employee ofthe City, This Agreement is not intended nor
<br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or
<br />to allow the City to exercise discretion or control over the professional manner in which
<br />Consultant performs the services which are the subject matter of this Agreement; however, the
<br />services to be provided by Consultant shall be provided in a manner consistent with all
<br />applicable standards and regulations governing such services, Consultant shall pay all salaries
<br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating to
<br />employees and shall be responsible for all applicable withholding taxes,
<br />
<br />5. INSURANCE
<br />
<br />Prior to undertaking performance of work under this Agreement, Consultant shall
<br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
<br />described below:
<br />
<br />a, Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general 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 against
<br />claims arising from bodily and personal injury, including death resulting therefrom and damage
<br />to property, resulting from any act or occurrence arising out of Consultant's operations in the
<br />performance of this Agreement, including, without limitation, acts involving vehicles, The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property damage, in the total
<br />amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
<br />additional insured endorsement in substantially the form attached hereto as Exhibit B upon
<br />execution of this Agreement and shall be approved in form by the City Attorney,
<br />
<br />b, Business automobile liability insurance, or equivalent form, with a combined single
<br />limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for
<br />owned, hired and non-owned automobiles,
<br />
<br />c. Worker's Compensation Insurance, In accordance with the provisions of Section
<br />3300 of 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 commencing
<br />the performance of the work under this Agreement, Consultant agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $1,000,000 per accident,
<br />
<br />d. The following requirements apply to the insurance to be provided by Consultant
<br />pursuant to this section:
<br />
<br />2
<br />
|