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be extended by a writing signed by the City Manager and the City Attorney,
<br />4. INDEPENDENT CONTRACTOR
<br />VMI 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 VMI performs
<br />the services which are the subject matter.of this Agreement; however, the services to be provided
<br />by VMI shall be provided in a manner consistent with all applicable standards and regulations
<br />governing such services. VMI shall pay all salaries and wages, employer's social security taxes,
<br />unemployment insurance and similar taxes relating to employees and shall be responsible for all
<br />applicable withholding taxes.
<br />S. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, VMI shall maintain and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. VMI shall maintain commercial general
<br />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
<br />protection against claims arising from bodily and personal injury, including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence
<br />arising out of VMI19 operations in the performance of this Agreement, including,
<br />without limitation, acts involving vehicles. The amounts of insurance shall be not
<br />less than the following: single limit coverage applying to bodily and personal
<br />injury, including death resulting therefrom, and property damage, in the total
<br />amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such
<br />insurance shall (a) name the City, its officers, employees, agents, and
<br />representatives as additional insured(s); (b) be primary and not contributory with
<br />respect to insurance or self-insurance programs maintained by the City; and (c)
<br />contain standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined
<br />single limit of not less than $1,000,000 per occurrence. Such insurance shall
<br />include coverage for owned, hired and non -owned automobiles,
<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3700 of the Labor Code, VMI, if VMI has any employees, is required to be
<br />insured against liability for worker's compensation or to undertake self-insurance.
<br />Prior to commencing the performance of the work under this Agreement, VMI
<br />agrees to obtain and maintain any employer's liability insurance with limits not
<br />less than $1,000,000 per accident.
<br />d. If VMI is or employs a licensed professional such as an architect or engineer:
<br />Professional liability (errors and omissions) insurance, with a combined single
<br />limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
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