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4. INDEPENDENT CONTRACTOR
<br />Provider shall, during the entire terra 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 Provider
<br />performs the services which are the subject matter of this Agreement; however, the services to be
<br />provided 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 its employees and shall be
<br />responsible for all applicable withholding taxes.
<br />5. INSURANCE
<br />Prior to undertaking performance of woxk 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 protevtion against claims arising
<br />from bodily and personal injury, including death resulting therefrom and damage to property,
<br />resulting frorn any act or occur o ce arising out of Provider's negligent 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 and $2,000,000 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 and not contributory with respect to insurance or self-insurance
<br />programs maintained by the City; and (c) contain standard separation of insured provisions.
<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 eoyerage for
<br />owned, hired and non -owned automobiles.
<br />c. Worker's Compensation Insurance, In accordance with California State law, Provider,
<br />if Provider has any employees, is required to be insured against liability for worker's
<br />compensation or to undertake self-insurance, Prior to commencing the performance of the work
<br />under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance
<br />with limits not less than $1,000,000 per accident.
<br />d. If Provider is or employs a licensed professional such as an architect or engineer;
<br />Professional liability (errors and omissions) insurance, with a combined single limit of not less
<br />than $1,0100,000 ,per claim with $2,000,000 in the aggregate.
<br />c. The following requirements apply to the insurance to be provided by Provider pursuant
<br />to this section:
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