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9. INDEPENDENT CONTRACTOR <br />Operator 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 />Operator performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Operator shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. Operator shall pay all salaries 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 />10. INSURANCE <br />Prior to undertaking performance of any work relative to a Carnival Event under this <br />Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and <br />maintain insurance as described below: <br />A. Commercial General Liability Insurance. Operator shall maintain commercial <br />general liability insurance naming the City, its officers, agents, volunteers, and employees as <br />additional insureds) and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Operator's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance <br />shall be not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of $5,000,000 per <br />occurrence. Operator shall supply City with a fully executed additional insured endorsement in <br />substantially the form attached as Exhibit C, upon execution of this Agreement and shall be <br />approved in form by the City Attorney. <br />B. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage <br />for owned, hired and non-owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured <br />against liability for worker's compensation or to undertake self-insurance. Prior to commencing <br />the performance of the work under this Agreement, Operator agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />D. If Operator is or employs a licensed professional such as an architect or engineer: <br />Professional liability (errors and omissions) insurance, with a combined single limit of not less <br />than $1,000,000 per claim. <br />E. The following requirements apply to the insurance to be provided by Operator <br />pursuant to this section: <br />25E-21 <br />