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<br />4. INDEPENDENT CONTRACTOR <br /> <br />Consultant shall, during the entire ten11 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-employcc relationship, a joint ventIlfe relation,hip, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs thc scrvices which are the subject malter orthis 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 serviccs. Consultant shall pay all salarics and <br />wages, emploYl::r's social security taxes, unemployment insurance and similar taxes relating to <br />employecs and shall bc responsible for all applicable withholding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking perfomlance 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 Insnrance. Consultant shall maintain commercial <br />general liability insuranee naming the City, its officers, agents, volunteers, and employees as <br />addrtional insured(s) and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including dcath rcsulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Cons nit ant's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicle,. The amonnts of insuranee <br />shall be not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount 01'$1,000,000 per <br />occurrence. Consultant shall supply the City with a fully executcd additional insurcd <br />endorsement in substantially the form attached hcreto as Exhibit B upon execution of this <br />Agreement and shall he approved in form hy the City Attorney. <br /> <br />b. Business automobile liability insurance, or equivalent 1'01111, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non-owned automobilcs. <br /> <br />c. Worker's Compensation Insurance. In accordance with the provisions orSeetion 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 insurancc with limits not less than $1,000,000 per accident <br /> <br />d. If Consultant is or employs a licensed professional such as an architect or engineer: <br />Prol'essionalliability (errors and omissions) insurance, with a combined single limit of not less <br />than $1,000,000 per claim. <br /> <br />2 <br />