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6. INDEPEN 1)ENI' CONTRACTOR <br />Contractor shall_ during thec entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is nor intended nor shall <br />it be conbrucd to create an employer -employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or conu-ol over the professional manner in which Con tractor <br />performs the services which arc the subject matter of this Agreement; however, the services to be <br />provided by Contractor shall be provide(] ill a manna• consistent with all applicable standards and <br />regulations governing such services. Contractor shall pav all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes_ <br />7. INSURANCE <br />Prior to undertaking perlonrrance of work under this Agreement, Cottractor ~hall maintain <br />and shall require its subcontractors, if any, to obtain and ntaiivain insurance as described below: <br />a. Commcreial Gena•al Liability Insurance. Contractor 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 be <br />limited to protection against clamis arising Iroin bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any set <br />or occurrence arising out of Contractor's operations in the performance of this <br />Agrccmcnt, including, without limitation, acts involving vehicles. fho amounts of <br />insurance shall be not less than the following: single limit coverage .replying to <br />bodily and personal injury, including death resulting thercli-orn, and property <br />damage, in the total amount ofS5,000,000 per occutience. Such insurance shall (a) <br />name the City, its officers, employees, agents, volunteers and representatives as <br />additional ins ired(s); (h) he primary and not contributory with respect to insurance <br />or sell=insurance programs maintained by the City, and (c) contain standard <br />separation of insureds provisions- <br />b. Busines, automobile liability insurance, or equivalent fotn,with acombinedsingle <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include <br />coverage for owned, hired and non -owned automobiles- <br />C <br />. Workers' Compensation Insurance. In accordaoccwith dicCal ifornia I-aborCode, <br />Contractor, if Contractor has ;any employees, is required to be insured against <br />liability for workers' compensation or to Undertake self-insurance. Prior to <br />commencing the perlin-rnaocc of the work Under this Agrccmcnt, Contractor agrees <br />to obtain and maintain any employer's liability ittsuraltcc with limits not less than <br />51,000,000 per accident. <br />d. if Contractor is or employs a licensed professional such as an ;u-chitect or engineer: <br />Prolbssional liability (mars and omissions) insurance, with it combined single limit <br />of [lot less than S 1,000,000 per claim with 52,000,000 in the aggregate. <br />City Council 22 — 7 4/6/2021 <br />Pagc. 4 of 1 1 <br />