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6, INDEPENDENT CONTRACTOR
<br />AUDITOR 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 />AUDITOR performs the services which are the subject matter of this Agreement; however, the
<br />services to be provided by AUDITOR shall be provided in a manner consistent with all
<br />applicable standards and regulations governing such services, AUDITOR shall pay all salaries and
<br />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 />7. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, AUDITOR 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. AUDITOR shall maintain cornmercial
<br />general liability insurance which shall include, but not be limited to protection against claims
<br />arising from bodily and personal injury, including death resulting therefrom and damage to
<br />property, resulting from any act or occuurence arising out of AUDITOR'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, $1,000,000 in the aggregate. Such insurance shall (a)
<br />name the CITY, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the
<br />CITY; and (c) contain standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single
<br />limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage
<br />for 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, AUDITOR, if AUDITOR has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self-insurance. Prior to commencing
<br />the performance of the work under this Agreement, AUDITOR agrees to obtain and, maintain
<br />any employer's liability insurance with limits not less than $1,000,000 per accident.
<br />d. Professional liability (errors and omissions) insurance, with a combined single limit
<br />of not less than $1,000,000 per claim, and $1,000,000 in the aggregate.
<br />e. The following requirements apply to the insurance to be provided by AUDITOR
<br />pursuant to this section:
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<br />25E-7
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