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4. 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 <br />the services which are the subject matter of this Agreement; however, the services to be provided <br />by Provider shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Provider shall pay all salaries and wages, employer's social <br />security taxes, -unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. Provider is not an agent, representative or <br />employee of City and Provider shall have no authority to act on behalf of the City. <br />5. 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 <br />from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Provider's operations in the performance of <br />this 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 and $2,000,000 in the aggregate, inch -ding coverage of sexual misconduct. Such <br />insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives <br />as additional insured(s); (b) be primary and not contributory with respect to insurance or self- <br />insurance programs maintained by the City; and (c) contain standard separation of insured's <br />provisions. <br />b. Worker's Compensation insurance. In accordance with the provisions of California <br />state law, Provider, if Provider 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 <br />the work under this Agreement, Provider agrees to obtain and maintain any employer's liability <br />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 frill force and <br />effect for the entire period covered by this Agreement. Certificates <br />of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City. <br />Page 2 of 6 <br />