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<br />4. INDEPENDENT CONTRACTOR <br /> <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent 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 <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described <br />below: <br /> <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s) and shall include, but not be <br />limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any act <br />or occurrence arising out of Consultant's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of <br />insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply <br />City with a fully executed additional insured endorsement in substantially the form <br />attached hereto as Exhibit B upon execution ofthis Agreement and shall be <br />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 <br />3300 of the Labor Code, Consultant, if Consultant has any employees, is required to <br />be insured against liability for worker's compensation or to undertake self- <br />insurance. Prior to commencing the performance of the work under this Agreement, <br />Consultant agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $1,000,000 per accident. <br /> <br />d. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br /> <br />2 <br />