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<br />4. INDEPENDENT CONTRACTOR <br /> <br />Consultant shall, during the entire term of this Agrccment, he construed to be an <br />independent contractor and not an employee ofthc 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 Agrccment; however, the <br />services to be providcd by Consultant shall be provided in a manncr consistent with all <br />applicable standards and regulations governing such scrviees. 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 responsihle t'or all applicable withholding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance of work undcr this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain ami 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, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, hut not be limited to protection against <br />claims arising Ii'om bodily and pcrsonal injury, including death resulting therefrom and damagc <br />to property. resulting from any act O[ occurrence arising out of Consultant's operations in the <br />performance of this Agreement. induding, without limitation. acts involving vehicles. The <br />amounts of insurance shall be not less than the following; single limit coverage applying to <br />hodily and personal injury, including death rcsulting therefrom, and property damage, in the 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 upon <br />execution or this Agreement and shall be approved in form by the City Attorney. <br /> <br />b. Reserved <br /> <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section :noo <br />of the Labor Code, Consultant, ifCunsultant has any employees, is required to he insured against <br />liabillty for \vorker's compensation or to undertake self-insurance. Prior to commem;ing the <br />performance or the \vork 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. The rollowing reqnirements apply to the insurance to be provided by Consnltant <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 /> <br />2 <br />