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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 />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 commercial <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 occurrence 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 (e) 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: <br />Page 3 of 9 <br />