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<br />4. INDEPENDENT CONTRACTOR <br /> <br />Instructor sh81L during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Instructor performs the serviecs which me the suhject matter of this Agreement; however, the <br />services to be provided by Instructor shall be provided in a manner consistent with all applicable <br />standards and regulatioos governing such services. Instructor shall pay all salmies and wages. <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Instructor shall maintain <br />and shall require its subcontractors. if any. to obtain and maintain insurance as described helm,v: <br /> <br />a. Commercial General Liability Insurancc. Instructor shall maintain commercial <br />general liability insurance naming the City. its officers, cmployees, agents. volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection against <br />claims arising from hodily and personal inj ury, including death resulting therefrom and damage <br />to property, resulting hum any act or occurrence arising out of Instructor's operations in the <br />perl(mnance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not Icss than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1 ,000,000 per occurrence. Instructor shall supply City with a fully cxccuted <br />additional insured endorsement in substantially the form attached hcrcto as Exhibit B upon <br />execution of this Agreement and shall be approved in form by the City Attorney. <br /> <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 ofthc Labor Code, Instructor, if Instructor has any employees, is required to bc insurcd <br />against liahility for \vorker's cumpensation or to undertake self-insurance. Prior to commencing <br />the performance or the work under this Agreement, Instructor agrees to ohtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br /> <br />c. The following rcquirements apply to thc insurance to be provided by Instructor pursuant <br />to this section: <br /> <br />(i) Instructor shall maintain all insurancc required above in full lorce and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall bc furnished to the City upon execution of <br />this Agreement and shall be approved in form by the City Attorncy. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior writtcn notice to the City. <br /> <br />2 <br />