Laserfiche WebLink
4. INDEPENDENT CONTRACTOR <br />Consultant shall, 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 />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries <br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating <br />to employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />b. [f Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its <br />time and materials expended prior to notification of termination. Consultant waives the right to <br />receive compensation and agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City. <br />6. INDEMNIFICATION <br />Consultant agrees to defend, indemnify and hold harmless City, its officers, employees, <br />counsel, and agents from and against all liability, loss, expense (including reasonable attorney's <br />fees), or claims for injury or damages arising out of the performance of this agreement but only <br />in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury <br />or damages are caused by or result from negligent or intentional acts or omissions of the <br />Consultant, its officers, employees, students or agents. <br />City agrees to defend, indemnify and hold harmless Consultant, its officers, employees, <br />students, and agents from and against all liability, loss, expense (including reasonable attorney's <br />fees), or claims for injury of damages arising out of the performance of this agreement but only <br />in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury <br />