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<br />Consultant further agrees that it will hold City, its officers, employees, omce", <br />volunteers and agents harmless against any suit, claim, demand, proceeding, prosecution, <br />recovery or penalty and any expense, including attorneys' fees and litigation expenses arising out <br />of same, by reason of any claim or violation of any of the foregoing warrantics or <br />representations. <br /> <br />5. INDEPENDRNT CONTRACTOR <br /> <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />mdepcndcnt contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, ajoint 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 ofthis 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 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 be responsible for all applicable withholding taxes. <br /> <br />6. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and snail require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br /> <br />a. Due to the nature ufthe services provided, Commercial General Liahility Insurance is <br />not required. <br /> <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />O\Jimcd, hired 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 />perfonnance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance \vith limits not less than $1,000,000 pt::r accident. <br /> <br />d. The following requirements apply to the insurance to bl;: provided by Consultant <br />rur~mant to this section: <br /> <br />3 <br />