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