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In order to provide uninterrupted services, those services provided since the previous agreement
<br /> expired due to expenditure of allocated funds, shall be included within the Scope of Services of
<br /> this Agreement.
<br /> 4. INDEPENDENT CONTRACTOR
<br /> Provider 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 Provider
<br /> performs the services which are the subject matter of this Agreement; however, the services to be
<br /> provided by Provider shall be provided in a manner consistent with all applicable standards and
<br /> regulations governing such services. Provider shall pay all salaries and wages, employer's social
<br /> security taxes, unemployment insurance and similar taxes relating to employees and shall be
<br /> responsible for all applicable withholding taxes.
<br /> 5. INSURANCE
<br /> Prior to undertaking performance of work under this Agreement, Provider shall maintain
<br /> and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br /> a. Due to the nature of services provided, Commercial General Liability insurance is not
<br /> required.
<br /> b. Worker's Compensation Insurance. In accordance with the provisions of Section
<br /> 3300 of the Labor Code, Provider, if Provider 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, Provider agrees to obtain and maintain any
<br /> employer's liability insurance with limits not less than $1,000,000 per accident.
<br /> 6. INDEMNIFICATION
<br /> Provider agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br /> employees, consultants, special counsel, and representatives from liability: (1) for personal
<br /> injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
<br /> for personal injury, including health, and claims for property damage, which may arise from the
<br /> direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees,
<br /> or other persons acting on their behalf which relates to the services described in section 1 of this
<br /> Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />
<br /> judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
<br /> This indemnity and hold harmless agreement applies to all claims for damages, just
<br /> compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
<br /> by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
<br /> from this Agreement.
<br /> 7. CONFIDENTIALITY
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