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4. INDEPENDENT CONTRACTOR <br /> Consultant 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 professional manner in which <br /> Consultant performs the services which are the subject matter of this Agreement; however, the <br /> services to be provided by Consultant shall be provided in a manner consistent with all <br /> applicable standards and regulations governing such services. Consultant shall pay all salaries and <br /> wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br /> employees and shall be responsible for all applicable withholding taxes. <br /> 5. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Consultant shall <br /> maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br /> described below: <br /> a. Business automobile liability insurance, or equivalent form, with a combined <br /> single limit of not less than $1,000,000 per occurrence. Such insurance shall <br /> include coverage for owned, hired and non-owned automobiles. <br /> b. Worker's Compensation Insurance. In accordance with the provisions of Section <br /> 3300 of the Labor Code, Consultant, if Consultant has any employees, is required <br /> to be insured against liability for worker's compensation or to undertake self- <br /> insurance. Prior to commencing the performance of the work under this <br /> Agreement, Consultant agrees to obtain and maintain any employer's liability <br /> insurance with limits not less than $1,000,000 per accident. <br /> c. If Consultant is or employs a licensed professional such as an architect or <br /> engineer: Professional liability (errors and omissions) insurance, with a combined <br /> single limit of not less than $1,000,000 per claim. <br /> d. The following requirements apply to the insurance to be provided by Consultant <br /> pursuant to this section: <br /> 2 <br />