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4. INDEPENDENT CONTRACTOR <br />Consultant 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 to <br />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 Consultant performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided <br />in a manner consistent with all applicable standards and regulations governing such services. Consultant <br />shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar <br />taxes relating to 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 maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Consultant 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 therefrom <br />and damage to property, resulting from any act or occurrence arising out of Consultant's <br />operations in the performance of this Agreement, including, without limitation, acts <br />involving vehicles. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death resulting therefrom, <br />and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 <br />in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, <br />and representatives as additional insured(s); (b) be primary and not contributory with <br />respect to insurance or self-insurance programs maintained by the City; and (c) contain <br />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 provisions of Section 3700 of <br />the Labor Code, Consultant, if Consultant 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, Consultant agrees to <br />obtain and maintain any employer's liability insurance with limits not less than $1,000,000 <br />per accident. <br />d. If Consultant 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 not <br />less than $1,000,000 per claim with $2,000,000 in the aggregate. <br />e. If the Consultant, its agents, or subcontractors maintain broader coverage and/or higher <br />limits than the minimums shown above, City requires and shall be entitled to the broader <br />coverage and/or the higher limits maintained by the Consultant. Any available insurance <br />proceeds in excess of the specified minimum limits of insurance and coverage shall be <br />available to the City. <br />Page 2 of 9 <br />