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<br /> <br /> <br /> <br /> <br /> of such occurrence and contract shall terminate on the last day of the current fiscal period without penalty <br /> or expense to the City. <br /> <br /> 4. INDEPENDENT CONTRACTOR <br /> <br /> Contractor shall, during the entire term of this Agreement, be construed to be an independent <br /> contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br /> create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br /> discretion or control over the professional manner in which Contractor performs the services which are <br /> the subject matter of this Agreement; however, the services to be provided by Contractor shall be <br /> provided in a manner consistent with all applicable standards and regulations governing such services. <br /> Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br /> similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br /> 5. INSURANCE <br /> <br /> Prior to undertaking performance of work under this Agreement, Contractor shall maintain and <br /> shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br /> <br /> a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br /> liability insurance which shall include, but not be limited to protection against claims arising from bodily <br /> and personal injury, including death resulting therefrom and damage to property, resulting from any act or <br /> occurrence arising out of Consultant's operations in the performance of this Agreement, including, <br /> without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: <br /> single limit coverage applying to bodily and personal injury, including death resulting therefrom, and <br /> property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such <br /> insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as <br /> additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by <br /> the City; and (c) contain standard separation of insureds provisions. <br /> b. Business automobile liability insurance, or equivalent form, with a combined single limit of <br /> not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and <br /> non-owned automobiles. <br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br /> Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for <br /> worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work <br /> under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with <br /> limits not less than $1,000,000 per accident. <br /> <br /> d. The following requirements apply to the insurance to be provided by Contractor pursuant to <br /> this section: <br /> (i) Contractor shall maintain all insurance required above in full force and effect for <br /> the entire period covered by this Agreement. <br /> (ii) Certificates of insurance shall be furnished to the City upon execution of this <br /> Agreement and shall be approved in form by the City Attorney. <br /> (iii) Certificates and policies shall state that the policies shall not be canceled or <br /> reduced in coverage or changed in any other material aspect without thirty (30) <br /> days prior written notice to the City. <br /> <br /> <br /> 2 <br /> 25D-8 <br />