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4. Professional Liability with limits no less than $1,000,000 per claim and
<br />$1,000,000 policy aggregate limit. Professional Liability insurance shall be
<br />appropriate to the Consultant's profession.
<br />B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
<br />General Liability insurance policies are to contain, or be endorsed to contain that they
<br />shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
<br />insurance pool coverage maintained by the City shall be excess of the Consultant's
<br />insurance and shall not be contributed or combined with it.
<br />C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
<br />Best rating of not less than A:VII.
<br />D. Verification of Coverage. Consultant shall furnish the City with original certificates and
<br />a copy of the amendatory endorsements, including but not necessarily limited to the
<br />additional insured endorsement, evidencing the insurance requirements of the
<br />Consultant before commencement of the work. Certificates of coverage and
<br />endorsements as required by this section shall be delivered to the City within fifteen (15)
<br />days of execution of this Agreement.
<br />E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
<br />policy cancellation, within two business days of their receipt of such notice.
<br />F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
<br />insurance as required shall constitute a material breach of contract, upon which the City
<br />may, after giving five business days notice to the Consultant to correct the breach,
<br />immediately terminate the contract or, at its discretion, procure or renew such insurance
<br />and pay any and all premiums in connection therewith, with any sums so expended to be
<br />repaid to the City on demand, or at the sole discretion of the City, offset against funds
<br />due the Consultant from the City.
<br />9. Independent Contractor. The Consultant and the City agree that the Consultant is an
<br />independent contractor with respect to the services provided pursuant to this Agreement.
<br />Nothing in this Agreement shall be considered to create the relationship of employer and
<br />employee between the parties hereto. Neither the Consultant nor any employee of the
<br />Consultant shall be entitled to any benefits accorded City employees by virtue of the services
<br />provided under this Agreement. The City shall not be responsible for withholding or
<br />otherwise deducting federal income tax or social security or for contributing to the state
<br />industrial insurance program, otherwise assuming the duties of an employer with respect to
<br />the Consultant, or any employee of the Consultant.
<br />10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
<br />retained any company or person, other than a bonafide employee working solely for the
<br />Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
<br />company or person, other than a bonafide employee working solely for the Consultant, any
<br />fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
<br />upon or resulting from the award or making of this contract. For breach or violation of this
<br />warrant, the City shall have the right to annul this contract without liability, or in its discretion
<br />to deduct from the contract price or consideration, or otherwise recover, the full amount of
<br />such fee, commission, percentage, brokerage fee, gift, or contingent fee.
<br />11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
<br />this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
<br />origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
<br />affiliation or the presence of any disability in the selection and retention of employees or
<br />procurement of materials or supplies.
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