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<br />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 marmer consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries <br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating <br />to 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. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, agents, volunteers, and employees as <br />additional insured(s) and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting there from and damage to property, <br />resulting from any act or occurrence arising out of Consultant's operations in the performance of <br />this Agreement. The amounts of insurance shall be not less than the following: single limit <br />coverage applying to bodily and personal injury, including death resulting there from, and <br />property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City <br />with a fully executed additional insured endorsement to be approved in form by the City <br />Attorney. <br /> <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />ofthe 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 />c. Professional Liability Insurance. If Consultant is or employs a licensed professional <br />such as an architect or engineer, Consultant shall provide professional liability (errors and <br />omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. <br /> <br />d. 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 effect for <br />the entire period covered by this Agreement. <br /> <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br /> <br />Page 2 of 51 <br />