Laserfiche WebLink
5. INDEPENDENT CONTRACTOR <br />Consultant 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 create <br />an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or <br />control over the professional manner in which Consultant performs the services which are the subject matter <br />of this Agreement; however, the services to be provided by Consultant shall be provided in a manner <br />consistent with all applicable standards and regulations governing such services. Consultant shall pay all <br />salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall <br />require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability <br />insurance which shall include, but not be limited to protection against claims arising from bodily and personal <br />injury, including death resulting therefrom and damage to property, resulting from any act or occurrence <br />arising out of Consultant's operations in the performance of this Agreement, including, without limitation, <br />acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage <br />applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, <br />its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not <br />contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain <br />standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of not <br />less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - owned <br />automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the <br />Labor Code, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits <br />not less than $1,000,000 per accident. <br />d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional <br />liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. <br />