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4. INDEPENDENT CONTRACTOR <br />Provider shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer -employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the manner in which Provider performs <br />the services which are the subject matter of this Agreement; however, the services to be provided <br />by Provider shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Provider shall pay 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. Provider is not an agent, representative or <br />employee of City and Provider shall have no authority to act on behalf of the City. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Minimum Scope and Limit of Insurance: <br />Commercial General Liability Insurance. Provider shall maintain commercial <br />general liability insurance, which 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 <br />of Provider's operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. Insurance Services Office Form CG 00 01 <br />covering CGL on an "occurrence" basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury with <br />limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, <br />either the general aggregate limit shall apply separately to this project/location (ISO <br />CG 25 03 or 25 04) or the general aggregate limit shall be twice the required <br />occurrence limit. <br />2. Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1), <br />or if Provider has no owned autos, hired, (Code 8) and non -owned autos (Code 9), <br />with a limit no less than $1,000,000 per accident for bodily injury and property <br />damage. <br />Worker's Compensation Insurance. In accordance with California State law, <br />Provider, if Provider has any employees, is required to be insured against liability <br />for worker's compensation or to undertake self-insurance. Prior to commencing <br />the performance of the work under this Agreement, Provider agrees to obtain and <br />maintain any employer's liability insurance with limits not less than $1,000,000 per <br />accident. <br />Page 2 of 8 <br />