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4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent Consultant and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer -employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Consultant 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. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Consultant shall procure and maintain for the duration of the contract insurance <br />against claims for injuries to persons or damages to property which may arise from <br />or in connection with the performance of the work hereunder and the results of that <br />work by the Consultant, his agents, representatives, employees or subcontractors. <br />Coverage shall be at least as broad as: <br />1) Commercial General Liability (CGL): Insurance Services Office Form CG <br />00 01 covering CGL on an "occurrence" basis, including products and <br />completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $1,000,000 per occurrence. If a <br />general aggregate limit applies, either the general aggregate limit shall <br />apply separately to this project/location (ISO CG 25 03 or 25 04) or the <br />general aggregate limit shall be twice the required occurrence limit. <br />2) Automobile Liability: ISO Form Number CA 00 01 covering any auto <br />(Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - <br />owned autos (Code 9), with limit no less than $1,000,000 per accident for <br />bodily injury and property damage, <br />3) Workers' Compensation: as required by the State of California, with <br />Statutory Limits, and Employer's Liability Insurance with limit of no less <br />than $1,000,000 per accident for bodily injury or disease. <br />b. If the Consultant maintains broader coverage and/or higher limits than the <br />minimums shown above, the City requires and shall be entitled to the broader <br />coverage and/or the higher limits maintained by the contractor. Any available <br />insurance proceeds in excess of the specified minimum limits of insurance and <br />coverage shall be available to the City. <br />c. Other Insurance Provisions- The insurance policies are to contain, or be endorsed <br />to contain, the following provisions: <br />Page 2 <br />