|
4. INDEPENDENT CONTRACTOR
<br />Provider shall, during the entire term of this Agreement, be construed to be an independent
<br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed
<br />to create an employer-employee relationship, a joint venture relationship, or to allow the City to
<br />exercise discretion or control over the professional manner in which Provider performs the services
<br />which are the subject matter of this Agreement; however, the services to be provided by Provider shall
<br />be provided in a manner consistent with all applicable standards and regulations governing such
<br />services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment
<br />insurance and similar taxes relating to employees and shall be responsible for all applicable
<br />withholding taxes.
<br />S. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Provider shall maintain and
<br />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 naming the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s) and shall include, but not be limited to
<br />protection against claims arising from bodily and personal injury, including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence
<br />arising out of Provider's operations in the performance of this Agreement, including,
<br />without limitation, acts involving vehicles. The amounts of insurance shall be not less
<br />than the following: single limit coverage applying to bodily and personal injury,
<br />including death resulting therefrom, and property damage, in the total amount of
<br />$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a)
<br />name the City, its officers, employees, agents, and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self-
<br />insurance programs maintained by the City; and (e) contain standard separation of
<br />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
<br />for owned, hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700
<br />of the Labor Code, Provider, if Provider has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self-insurance. Prior to
<br />commencing the performance of the work under this Agreement, Provider agrees to
<br />obtain and maintain any employer's liability insurance with limits not less than
<br />$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
<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 Provider pursuant
<br />to this section:
<br />i. Provider shall maintain all insurance required above in full force and effect for
<br />the entire period covered by this Agreement.
<br />Page 2 of 7
<br />
|