|
4, INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreement, be construed to be an
<br />indeperldont.contractor and not an employee of the City, This Agreement Is not intended
<br />nor shall It be construed to create an employer-employee relationship, a joint venture
<br />relationship, or to allow the City to exercise discretion or control over the professional
<br />manner In which Consultant performs the services which are the subtest matter of this
<br />Agreement however, the services to be provided by Consultant shall be provided n a
<br />manner consistent with all applicable standards and regulations governing such services.
<br />Consultant shall pay all salaries and wages, employer's social security taxes,
<br />unemployment insurance and similar taxes relating to employees and shall be
<br />responsible for all applicable withholding taxes.
<br />6. INSURANCE
<br />Prier to undertaking performance of work under this Agreement, Consultant shall
<br />maintain and shalf require its subcontractors, if any, to obtain and maintain Insurance as
<br />described below:
<br />a. Commercial Co,neral Llabllity Insurance, Consultant shall maintain
<br />commercial general liability insurance naming the City, its officers,
<br />employees, agents, volunteers and representatives as additional
<br />Insured(p) and shall inolu.de, but not be limited to protection against
<br />claims arising from bodily and personal injury, including death resulting
<br />therefrom and damage to property, resulting from any a.ct or occurrence
<br />arising out of Consultant's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicies, The
<br />amounts of insurance shall be not less than the following: single limit
<br />coverage applying to bodily and personal injury, including death resulting
<br />therefrom, and property damage, in the total amount of $1,000,000 per
<br />occurrence, with $2,000,000 in the aggregate, Consultant shall supply
<br />CJty with a fully executed additional Insured endorsement in substantially
<br />the form attached hereto as Exhibit B upon execution of this Agreement,
<br />b. Business automobile liability insurance, or equivalent farm, with a
<br />combined single llmit of not less than $1,000,000 .per occurrence. Such
<br />Insurance shall include coverage for owned, hired and non -owned
<br />automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the provisions of
<br />Section 0700 of the Labor Code, Consultant, If Consultant Inas any
<br />employees, is required to be Insured against liability for worker's
<br />compensation or to undertake self-insurance, Prior to commencing the
<br />performance of the work under this Agreement, Consultant agrees to
<br />obtain and maintain any employer's liability insurance with limits not less
<br />than $1,000,000 per accident,
<br />d. The following requirements apply to the insurance to be provided by
<br />Consultant pursuant to this section:
<br />
|