Laserfiche WebLink
<br /> 4. INDEPENDENT CONTRACTOR <br /> Contractor shall, during the entire term of this Agreement, be construed to be an <br /> <br /> independent contractor and not an employee of the City. This Agreement is not intended nor <br /> <br /> shall it be construed to create an employer-employee relationship, a joint venture relationship, <br /> <br /> or to allow the City to exercise discretion or control over the professional manner in which <br /> Contractor performs the services which are the subject matter of this Agreement; however, the <br /> <br /> services to be provided by Contractor shall be provided in a manner consistent with all <br /> applicable standards and regulations governing such services. Contractor shall pay all salaries <br /> and wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br /> employees and shall be responsible for all applicable withholding taxes. <br /> <br /> 5. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Contractor shall <br /> maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br /> described below: <br /> a. Commercial General Liability Insurance. Contractor shall maintain commercial <br /> general liability insurance naming the City, its officers, employees, agents, volunteers and <br /> representatives as additional insureds) and shall include, but not be limited to protection <br /> against claims arising from bodily and personal injury, including death resulting therefrom and <br /> damage to property, resulting from any act or occurrence arising out of Contractor's operations <br /> in the performance of this Agreement, including, without limitation, acts involving vehicles. The <br /> amounts of insurance shall be not less than the following: single limit coverage applying to bodily <br /> and personal injury, including death resulting therefrom, and property damage, in the total <br /> amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, <br /> employees, agents, volunteers and representatives as additional insured(s); (b) be primary with <br /> respect to insurance or self-insurance programs maintained by the City; and (c) contain <br /> standard separation of insureds provisions. <br /> b. Business automobile liability insurance, or equivalent form, with a combined single limit <br /> of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, <br /> hired and non-owned automobiles. <br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 <br /> of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain <br /> any employer's liability insurance with limits not less than $1,000,000 per accident. <br /> d. If Contractor 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 than <br /> $1,000,000 per claim. <br /> e. The following requirements apply to the insurance to be provided by Contractor <br /> pursuant to this section: <br /> 2 <br /> <br />