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create an emp loyee relationship, ajoint venture relationship, ormallow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the services which are <br />the subject matter $f this Agreement; however, the services tobu provided kyCouuLd1ao/ shall ko <br />provided in a manner consistent with allapplicable standards and regulations governing such services. <br />Consultant 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 />Prior to undertaking performance of work under this Agreement, Consultant shall muint"inund <br />shall require its subcontractors, if any, toobtain and maintain insurance uadescribed below: <br />a� Commercial General Liability Insurance. Consultant shall maintain commercial general <br />liability insurance which shall include, but not be lintited to protection against claims arising frorn bodily <br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Coniultant's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall 6m not less than the following: <br />single limit coverage applying tu bodily and personal injury, including death resulting therefrom, and <br />property damage, iu the total amount of@l,0V0`A00 per occurrence, $%,000,000iu the aggregate, Such <br />insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as <br />additional iuoorcd(o);(b)ht primary and not contributory with respect tn insurance uzSelf-insurance <br />programs maintained by the City; and (c) contain standard separation of insureds provisions. <br />6. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of <br />the Labor Code, Consultant, if Consultant has any employees, is required to be manted against liability <br />for worker's compensation or tu undertake xc)t,iuvnouv;n, Prior tuoouumenoing the performance of the <br />work, under this Agreement, Consultant agrees to obtain and maintain arty employer's liability insurance <br />with limits not less than %|`0O0`A00 per accident. <br />C. If Consultant ioo/ employs u licensed professional such ox air architect urengineer: <br />Professional liability (errorsand omissions) insurance, with a combined single limit of not less than <br />$\,0U0,0nU per claim, <br />d, The following requirements apply tm the insurance to6eprovided by Consultant pursuant <br />to this section: <br />0 Consultant shall maintain all insurance required above in full force and effect for <br />the entire period covered by this Agreement. <br />bQ Certificates of insurance shall hc furnished k> the City upon execution w[this <br />Agreement and shall be approved in form by the City Atrortiey <br />(id) Cartificates and policies shall state that tire policies shall not be canceled or <br />reduced iu coverage or changed iu any other material aspect without thirty (30) days prior written <br />notice io the City. <br />01 If Consultant fails wr refuses to produce or maintain the insurance required hy this section <br />or fails nrrefuses to furnish the City y/itbrequired p/ooftha¢inunsennebn,howoponvuneduudixjnfozrt <br />and paid for, the City shall have the right, at the City's election, to forthwith tortri-inate this Agreement. <br />Such termination shall not effect Cowultint's right to be paid for its time and materials expended prior to <br />