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4.Professional Liabilitywith limits no less than $2,000,000 per claim and $2,000,000 <br />policy aggregate limit. Professional Liability insurance shall be appropriate to the <br />B.Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher <br />insurancelimitsthantheminimumsshownabove,thePublicEntityshallbeinsuredforthe <br />fullavailablelimitsofCommercialGeneralandExcessorUmbrellaliabilitymaintainedby <br />theContractor,irrespectiveofwhethersuchlimitsmaintainedbytheContractoraregreater <br />than those required by this Contract or whether any certificate of insurance furnished to <br />thePublicEntityevidenceslimitsofliabilitylowerthanthosemaintainedbytheContractor. <br />C.OtherInsuranceProvision. <br />GeneralLiabilityinsurancepoliciesaretocontain,orbeendorsedtocontainthattheyshall <br />be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance <br />pool coverage maintained by the City shall be excessof theConsinsurance and <br />shall not be contributed or combined withit. <br />D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. <br />Best rating of not less thanA:VII. <br />E.Verification of Coverage. Consultant shall furnish the City with original certificates and a <br />copy of the amendatory endorsements, including but not necessarily limited to the <br />additional insured endorsement, evidencing the insurance requirements of the Contractor <br />beforecommencementofthework.UponrequestbytheCity,theConsultantshallfurnish <br />certifiedcopiesofallrequiredinsurancepolicies,includingendorsements,requiredinthis <br />F.Notice of Cancellation. The Consultant shall provide the City with written notice of any <br />policycancellation,withintwobusinessdaysoftheirreceiptofsuchnotice. <br />G.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 />repaidtotheCityondemand,oratthesolediscretionof theCity,offset againstfundsdue <br />the Consultant from theCity. <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 />providedunderthisAgreement.TheCityshallnotberesponsibleforwithholdingorotherwise <br />deducting federal income tax or social security or for contributing to the state industrial <br />insurance program, otherwise assuming the duties of an employer with respect to the <br />Consultant, or any employee of theConsultant. <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 upon <br />orresultingfromtheawardormakingofthiscontract.Forbreachorviolationofthiswarrant, <br />theCityshallhavetherighttoannulthiscontractwithoutliability,orinitsdiscretiontodeduct <br />from the contract price or consideration, or otherwise recover, the full amount of such fee, <br />commission, percentage, brokerage fee, gift, or contingentfee. <br />CA revised May2020 Page 3 <br />5 <br /> <br />