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<br />4. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />Vendor 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 Vendor performs <br />the services which are the subject matter of this Agreement; however, the services to be provided <br />by Vendor shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Vendor 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 /> <br />5. <br /> <br />INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Vendor shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br /> <br />a. Commercial General Liability Insurance. Vendor 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 ftom bodily <br />and personal injury, including death resulting thereftom and damage to property, resulting ftom <br />any act or occurrence arising out of Vendor's operations in the performance ofthis Agreement, <br />including, without limitation, acts involving vehicles. The amounts of insurance shall be not less <br />than the following: single limit coverage applying to bodily and personal injury, including death <br />resulting thereftom, and property damage, in the total amount of $1,000,000 per occurrence. <br />Vendor shall supply City with a fully executed additional insured endorsement in substantially <br />the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in <br />form by the City Attorney. <br /> <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non-owned automobiles. <br /> <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Vendor, if Vendor has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Vendor agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br /> <br />2 <br />