MARK COMPANY, INC. 1 - 2002 - Laserfiche WebLink

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. . 4. INDEPENDENT CONTRACTOR Consultant shaH, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shaH it be construed to create an employer-employee relationship, a joint venture relationship, or to aHow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shaH be provided in a manner consistent with aH applicable standards and regulations governing such services. Consultant shaH pay aH salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shaH be responsible for aH applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shaH maintain and shaH require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shaH maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shaH be not less than the foHowing: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$I,OOO,OOO per occurrence. Consultant shaH supply City with a fully executed additional insured endorsement in substantiaHy the form attached hereto as Exhibit B upon execution of this Agreement and shaH be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shaH include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. (reserved) e. The foHowing requirements apply to the insurance to be provided by Consultant pursuant to this section: 2