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5. 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 manner in which Provider performs the
<br />services which are the subject matter of this Agreement; however, the services to be provided by
<br />Provider shall be provided in a manner consistent with all applicable standards and regulations
<br />governing such services. Provider shall pay all salaries and wages, employer's social security taxes,
<br />unemployment insurance and similar taxes relating to employees and shall be responsible for all
<br />applicable withholding taxes.
<br />6. 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. Commercial General Liability Insurance. Provider shall maintain commercial general
<br />liability insurance which shall include, but not be limited to protection against claims arising from
<br />bodily and personal injury, including death resulting therefrom and damage to property, resulting
<br />from any act or occurrence arising out of Provider's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
<br />shall be not less than the following: single limit coverage applying to bodily and personal injury,
<br />including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
<br />occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers
<br />and representatives as additional insured(s); (b) be primary and not contributory with respect to
<br />insurance or self - insurance programs maintained by the City; and (c) contain standard separation
<br />of insureds provisions.
<br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
<br />of the Labor Code, Provider, if Provider has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self - insurance. Prior to commencing the
<br />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 />c. The following requirements apply to the insurance to be provided by Provider pursuant
<br />to this section:
<br />(i) Provider shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this Agreement. Certificates of
<br />insurance shall be furnished to the City upon execution of this
<br />Agreement and shall be approved in form by the City Attorney.
<br />(ii) Certificates and policies shall state that the policies shall not be canceled
<br />or reduced in coverage or changed in any other material aspect without
<br />thirty (30) days prior written notice to the City.
<br />7. 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 for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise from the direct
<br />or indirect operations of the Provider or its contractors, subcontractors, agents, employees, or
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