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<br />Page 2 of8 <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />Contractor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Contractor performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Contractor shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br />similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br /> <br />a. Commercial General Liability Insurance. Contractor shall maintain commercial general <br />liability insurance naming the City, its officers, agents, volunteers, and employees as additional <br />insured(s) and shall include, but not be limited to protection against claims arising from bodily and <br />personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Contractor's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, including death resulting <br />therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Contractor shall <br />supply City with a fully executed additional insured endorsement in substantially the form attached <br />hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City <br />Attorney. <br /> <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of <br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and <br />non-owned automobiles. <br /> <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of <br />the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability <br />for worker's compensation or to undertake self-insurance. Prior to commencing the performance of <br />the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br /> <br />d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: <br />