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<br />4. INOF.PRNOENT CONTRACTOR <br /> <br />Consultant shall. during the entire term of this Agrecment, be construed to be an <br />independent contractor and not an cmployee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relatiunship, or <br />to allo\v the City to exercise discretion or (,;ontru1 over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services tu 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. emplo:yer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall bc responsible for all applicahle withholding taxes. <br /> <br />5. INSIJRANCE <br /> <br />Prior to undertaking performance of work under this Agrccment, Consultant shall <br />maintain and shall require its subcontractors, if any. to obtain and maintain in~urance as <br />described bclow: <br /> <br />a. Cummereial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City. its officers, employees, agents, volunteers and <br />representatives as additional insurcd(s) and shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage <br />to propeny. resulting from any act or occllrrenc~ arising out UfCollsultant"s operations in the <br />pcrformanc~ of this Agreement, including. without limitation, acts involving vehicles. The <br />amounts ofinsurance shall be not less than thc following: single limit coverage applying to <br />bodily and personal injury, including death rcsulting thcrcfrom, and propcrty damagc, in thc total <br />amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed <br />additional insured endorsement in substantially the form attached hereto as Exhibit B upun <br />execution of this Agreement and shall be approved in form by the City Attorney. <br /> <br />b. Business automobile liability insurance, or equivalent form. with a combincd single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />o\\'l1cd. hired and non-o\vned automobiles. <br /> <br />c. Wurker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of tile 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 V\'ork under this Agreement. Conslllt8nt agrees to ohtain and maintain any <br />employer's liability insurance with limits not less than $1.000,000 per accident. <br /> <br />d. The Julluwing requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br /> <br />(i) Consultant shall maintain all insuranee required above in full force and <br />effect for the entire period covered by this Agreement. <br /> <br />2 <br />