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shall it be construed to create an employer-employae relationship, a joint venture relationship, or
<br />to allow the City to exercise discretion or control over the professional manner in which
<br />Promoter performs the services which are the subject matter of this Agreement; however, the
<br />services to be provided by Promoter shall be provided in a manner consistent with all applicable
<br />standards and regulations goveming such services. Promoter shall pay all salaries and wages,
<br />employer's social security taxes, unemployment insurance and similar taxes relating to
<br />employees and shall be responsible for all applicable withholding taxes.
<br />5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Promoter shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Promoter shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not
<br />be limited to protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any
<br />act or occurrence arising out of Promoter's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts
<br />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
<br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
<br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br />volunteers and representatives as additional insrured(s); (b) be primary with
<br />respect to insurance or self-insurance programs maintained by the City; and (c)
<br />contain standard separation of insureds provisions,
<br />b. Business automobile liability insurance, or equivalent form, with a combined
<br />single limit of not less than $1,000,000 per occurrence. Such insurance shall
<br />include coverage for owned, hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the California Labor
<br />Code, Promoter, if Promoter has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self-insurance. Prior to
<br />commencing the performance of the work under this Agreement, Promoter agrees
<br />to obtain and maintain any employer's liability insurance with limits not less than
<br />$1,000,000 per accident.
<br />d. If Promoter is or employs a licensed professional such as an architect or engineer:
<br />Professional liability (errors and omissions) insurance, with a combined single
<br />limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
<br />C. The following; requirements apply to the insurance to be provided by Promoter
<br />pursuant to this section:
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