WHITE, MATTIE D. 9 - 2006 - Laserfiche WebLink

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4. INDEPENllENT CONTRACTOR Consultant shall, 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 shall it be construed to create an employer-employee relationship, ajoint venture relationship, or to allow 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 Consuharrt shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable witliltolding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, [o obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) 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 m dre performance of this Agreement including, without limitation, acts involving vehicles. The amounts of insurance shall he not less than the following: single limit coverage applying to buddy and personal injury, including death resulting therefrom, and property damage, in the total amount of $1.000,000 per occurrence. Upon execution oC this Agreement, Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B, for approval by the City Attorney. b. Worker's Compensatimt Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consuhant if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake sell=insurance. Prior to commencing the performance of the work under this Agreement Consultant agrees to obtain and mainlam any employer's liability insurance with limits not Less than $1,000,000 per accident. c. The following requirements apply to the insurance to he provided by Consultant pursuant to this section: