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4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Commercial General Liability: coverage shall be at least as broad as Insurance Services Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and$2,000,000 aggregate. Animal Liability: in the event Contractor's commercial general liability excludes coverage for dog bites, Contractor is required to procure and maintain an animal liability insurance policy with minimum policy limits of$1,000,000 per occurrence/claim and$2,000,000 aggregate. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana,its City Council,its officers,officials,employees,agents, and volunteers are to be covered as additional insureds on the commercial general liability and animal liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. Insurance company agrees to waive all rights of subrogation against City of Santa Ana, its City Council,its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Instructor for City. Page 2 of 8 #427905v1