Laserfiche WebLink
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 shall <br />it be construed to create an employer-employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the manner in which Provider performs the <br />services which are the subject matter of this Agreement; however, the services to be provided by <br />Provider shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Provider shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. Provider is not an agent, representative or employee of City and <br />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 from <br />bodily and personal injury, including death resulting therefrom and damage to property, resulting <br />from any act or occurrence arising out of Provider's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall <br />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, including 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; (c) contain standard separation of insured provisions; <br />and (d) contain a waiver of subrogation. <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non -owned automobiles. <br />c. 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 />d. 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 />Page 2 of 7 <br />