Laserfiche WebLink
for work which fails to meet the standards of performance set forth in the Recitals which may <br />reasonably be expected by City or as otherwise provided in Exhibit A. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />unless terminated earlier in accordance with Section 12, below. Additionally, the City may <br />terminate this Agreement if the Santa Ana City Council fails to approve funding for the <br />Agreement for any fiscal year covered herein. This Agreement may be renewed for up to three <br />additional one-year terms in an annual amount not to exceed $ . Such renewal(s) <br />shall be in a writing executed by the Executive Director of the Parks Recreations and <br />Community Services Agency and the City Attorney. <br />5. 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 <br />construed to create an employer-employee relationship, a joint venture relationship, or to allow <br />the City to exercise discretion or control over the professional manner in which Contractor <br />performs the services which are the subject matter of this Agreement; however, the services to <br />be provided by Contractor shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. Contractor shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to its <br />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 <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, agents, volunteers, and employees as additional <br />insured(s) and shall include, but not be limited to protection against claims arising from bodily <br />and personal injury, including death resulting there from and damage to property, resulting <br />from any act or occurrence arising out of Contractor's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance <br />shall be not less than the following: single limit coverage applying to bodily and personal <br />injury, including death resulting there from, and property damage, in the total amount of <br />$1,000,000 per occurrence. Contractor shall supply City with a fully executed additional <br />insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon <br />execution of this Agreement. Said endorsement shall be approved in form by the City <br />Attorney. <br />F. 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, <br />hired and non-owned automobiles. <br />G. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of <br />the Labor Code, Contractor is required to be insured against liability for worker's compensation <br />62 <br />19C-70