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4. INDEPENDENT CONTRACTOR <br /> <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 /> <br />5. INSURANCE <br /> <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 /> <br />a. Reserved. <br /> <br />b. Reserved. <br /> <br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br /> <br /> d. Professional liability (errors and omissions) insurance, with a combined single limit of <br />not less than $1,000,000 per claim. <br /> <br />e. The following requirements apply to the insurance to be provided by Consultant <br /> pursuant to this section: <br /> <br />(i) Consultant shall maintain all insurance required above in full force and <br /> effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of <br /> this Agreement and shall be approved in form by the City Attomey. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br /> or reduced in coverage or changed in any other material aspect without <br /> thirty (30) days prior written notice to the City. <br /> <br />2 <br /> <br /> <br />