ART BAR (THE)-2005 - Laserfiche WebLink

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4. INI>EPENVENT CONTRACTOR Consultant shall, during the entire tenn of this Agreement, be construed to be an independent contractor and not an employee orthe City, This Agreement is not intended nor shall it he construed to create an employer-employee relationship. a joint 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 Consultant 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 withholding taxes, 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, 10 obtain and maintain insurance as described below; a, Commercial General Liability Insurancc. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall indude, 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 Qut of Consultant's operations in the performance of this Agreemcnt, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following; single limit coverage applying to bodily and personal injury, including death resulting therdeom, and property damage, in the total amount of $1,000,000 per occurrence, Consultant shall supply City with a fully executed additional insured endorsement in substantially the fonn attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Reserved c. Worker's Cumpensation insurance. In accordance with the provisions of Section 3300 or 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 orthe work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less thau $1,000,000 per accident. d, The ",llowing requirements apply to the insurance to be provided by Consultant pursuant 10 this section: (i) Consultant shall maintain all insurance required above in Cull force and effect for the entire period covered by this Agreement. 2