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4. IN1H2PENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship. or to allow the City 10 exercise discretion or control over the professional manncr in which Consultant pcrforms the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement. Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described helow: a. Due to the nature or the agreement, no insurance will be required. b. \\/orker"s Compensation Insurance. In accordance with the provisions ofSectioll 3300 oftne T ,sboe Code, Consultant, if Consultant has any employees, is required to be insured against liability for \vorker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to ohtain and maintain any employer's liability insurance with limits not less than $1.000,000 per accidenl. 6, INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its omeers, agents, employees, consultants, special counsel, and representatives lrom liability: (I) {Clf personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, emptoyees, or other persons acting on their behalf which relates to the services deserihed in section 1 of this Agreement. 7, CO."!FlDENTlALlTY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the per!(wmance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall inelude all nonpublic information. Confidential information includes not only \vritten information, but also information transferred orally, visually, electronically, or by other means. 2