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<br />4. INDEPENDENT CONTRACTOR <br /> <br />Consultant shall, during the entire term of this Agrccment, be construed to he an <br />independent contractor and not an employcc of the City. This Agreement is not intended nor <br />shall it be construed to creatc an cmployer-employee relationship, ajoint venture relationship, or <br />to allow thc City to cxercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject malter of this Agreement; however, the <br />,ervices to be provitled by Consultant shall he 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 bc rcsponsibIe for all applicahle withholding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to nndertaking performance of work undcr this Agrcement, Consultant shaH <br />maintain and shall require its subcontractors, if any, to ohtain and maintain insurance as <br />dcscribcd below: <br /> <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employccs, agents, volunteers and <br />rcpresentatives as additional insured(s) and shaH includc, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage <br />to property, resnlting from any act or occurrence arising out of Consultant's operations in the <br />perfonnance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts or insurance shall be not less than the following: single limit coverage applying to <br />bodily and pcrsonal injury, ineluding death resulting therefrom, and property damagc, in the total <br />amount ofS I ,000,000 per occurrcncc. Consultant shall supply City with a fully executed <br />additional insurcd endorsement in suhstantially the form attached hereto as Exhibit B upon <br />execution of this Agreement and shall be approvetl in lornl by the City Attorney. <br /> <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per oceurrencc. Such insurancc shall inelude coverage for <br />owned, hircd and non-owned automobiles. <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 Agrccmcnt, Consultant agrees to obtain and maintain any <br />employcr's liability insurance with limits not Ie" than 51,000,000 per accident. <br /> <br />d. If Consultant is or employs a licensed professional such as an architect or engineer: <br />Professionalliahility (e!Tors and omissions) insurance, with a combined singlc limit of not less <br />than $1,000,000 per claim. <br /> <br />2 <br />