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<br /> 3. INDEPENDENT CONTRACTOR
<br /> Contractor 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 /> Contractor performs the services which are the subject matter of this Agreement; however, the
<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 and
<br /> wages, employer's social security taxes, unemployment insurance and similar taxes relating to
<br /> employees and shall be responsible for all applicable withholding taxes.
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<br /> 4. INSURANCE
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<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 which shall include, but not be limited to protection against claims
<br /> arising from bodily and personal injury, including death resulting therefrom and damage to
<br /> property, resulting from any act or occurrence arising out of Contractor's operations in the
<br /> 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
<br /> bodily 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 standard
<br /> separation of insureds provisions.
<br /> b. Worker's Compensation Insurance. In accordance with the provisions of Section
<br /> 3300 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 any
<br /> employer's liability insurance with limits not less than $1,000,000 per accident.
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<br /> c. Professional liability (errors and omissions) insurance, with a combined single limit
<br /> of not less than $1,000,000 per claim.
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<br /> 5. INDEMNIFICATION
<br /> Contractor 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 /> negligence, recklessness or willful misconduct of the Contractor or its contractors,
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