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DocuSign Envelope ID; D79BC03B.D690.4ECE-9404-BODBEA499D72 <br />4, INDEPENDENT CONTRACTOR <br />Sponsor shall, during the entire terns of this Agreement, be. construed to be all <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create all employer -employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which Sponsor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Sponsor shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Sponsor shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsibleforall applicable withholding taxes. <br />5. INSURANCE <br />During the term of this Agreement, Sponsor shall maintain and sliall require its <br />subcontractors or agents, if any, to obtain and maintain insurance as described below: <br />a, Commercial General Liability Insurance, Sponsor shalt 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 Spolnsor'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, ill the total amount of $1,000,000 per <br />occurrence, and $2,000,000 in the aggregate. Such insurance shalt (a) include the City, its <br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br />primary and non-contributory with respect to insurance or self-insurance programs maintained <br />by the City; and (c) 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 per occurrence. Such insurance shall include coverage for <br />owned, hired and non -owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with California state law, Sponsor, <br />if Sponsor 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, Sponsor agrees to obtain and maintain any employer's liability hnsuranco <br />with limits not less than $1,000,000 per accident. <br />d. The following requirements apply to the insurance to be provided by Sponsor pursuant <br />to this section: <br />(f) Sponsor shall maintain all insurance required above in frill force and effect <br />for the entire period covered by this Agrcennent, <br />(ii) Certificates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved in form by the City. <br />(III) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />Page 2 of 7 <br />