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4. INDEPENDENT CONTRACTOR Consultant shaH, 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 shaH it be construed to create an employer-employee relationship, a joint venture relationship, or to aHow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shaH be provided in a manner consistent with aH applicable standards and regulations governing such services. Consultant shaH pay aH salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shaH be responsible for aH applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shaH maintain and shaH require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shaH maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shaH include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the foHowing: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$I,OOO,OOO per occurrence. Consultant shall supply City with a fuHy executed additional insured endorsement in substantiaHy the form attached hereto as Exhibit B upon execution of this Agreement and shaH be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions 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. c. The foHowing requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shaH maintain aH insurance required above in fuH force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shaH be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shaH not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 2