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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 />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. 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. Said endorsement shall be approved in form by the City <br />Attorney. <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 />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 />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 />2