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4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be eonstmed to be an independent contractor ami not an employee of the City. This Agreement is not intended nor shall it be consttued to create an employer-employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or contt'ol over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, lhe scrviccs to bc provided by Consultant shall be provided in a manner consistent with all applicablc standards and rcgulations govcrning such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemploymcnt insurancc 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 dcscribcd bclow: a. Commercial General Liability T O",lfance. Consultant shall maintain commcrcial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, inclnding death resulting therefrom and danlage to property, resulting from any act or occun'ence arising out of Consultant's operations in the performance of this Agreement, inclnding, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fiIlly executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution oflhis Agreement and shall be approved in lorm by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with lhe provisiono of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional snch as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2