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<br /> <br /> <br /> <br /> <br /> <br /> 4. INDEPENDENT CONTRACTOR <br /> Concessionaire 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 /> Concessionaire performs the services which are the subject matter of this Agreement; however, <br /> the services to be provided by Concessionaire shall be provided in a manner consistent with all <br /> applicable standards and regulations governing such services. Concessionaire shall pay all salaries <br /> and wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br /> its employees and shall be responsible for all applicable withholding taxes. <br /> <br /> 5. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Concessionaire 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. Concessionaire shall maintain commercial <br /> general liability insurance naming the City, its officers, agents, volunteers, and employees as <br /> additional insured(s) 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 Concessionaire'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. Concessionaire shall supply City with a fully executed <br /> additional insured endorsement in substantially the form as set forth in Exhibit "B" attached <br /> hereto upon execution of this Agreement. Said endorsement shall be approved in form by the <br /> City Attorney. <br /> <br /> b. Business automobile liability insurance, or equivalent form, with a combined single <br /> limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br /> owned, hired and non-owned automobiles. <br /> <br /> <br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br /> of the Labor Code, Concessionaire is required to be insured against liability for worker's <br /> compensation or to undertake self-insurance. Prior to commencing the performance of the work <br /> under this Agreement, Concessionaire agrees to obtain and maintain any employer's liability <br /> insurance with limits not less than $1,000,000 per accident. <br /> <br /> d. The following requirements apply to the insurance to be provided by Concessionaire <br /> pursuant to this section: <br /> (i) Concessionaire shall maintain all insurance required above in full force and <br /> effect for the entire period covered by this Agreement. <br /> <br /> <br /> <br /> <br /> 2 <br /> 25N-4 <br />