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<br /> <br /> <br /> <br /> <br /> 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 /> <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 /> <br /> 5. INDEPENDENT CONTRACTOR <br /> <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 /> <br /> 6. INSURANCE <br /> <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 /> <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 /> <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, <br /> hired and non-owned automobiles. <br /> C. 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 /> <br /> 58 <br /> 25H-88 <br />