NELSON, KATHLEEN 3 - Laserfiche WebLink

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4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tenn ofthis 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 allo\v the City to exercise discretion or control over the professiunal manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to he 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 10 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 reqllirc its subcontractors, if any. to ohtain and maintain insurance as described below: a. Commercial (jent:ral Liability Insurance. Consultant shall maintain commercia! general liability insurance naming thl: City, its officers, employees. agents, volunteers nnd representatives as additional insured(s) and shall inelude, but not be limited to protection against claims arising from hodily and personal injury, including death resulting therefrom and damage to property, resulting from any aet or occurrence arising oul of Consultant's operations in the performance of this Agreement, including, without limitation. acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to hodily and personal injury, including death resulting therefrom, 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 form attached hereto as Exhibit B upon execution ofthis Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In aeeordance 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 lo undertake self-insurance. Prior to comm~ncing the performance of the work under this Agreement, Consultant agrecs to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement (ii) Certificates of insurance shall he furnished to the City upon execotion of this Agreement and shall be approved in form by thc City Attorney. 2