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<br />09/22/2008 12:54 <br />, <br /> <br />9093930943 <br /> <br />M SANCHEZ <br /> <br />PAGE 03/14 <br /> <br />I <br />4. 'INDEPENDENT CONTRACTOR <br /> <br />J Consultant shall, during thc cntire term ofthis Agreement, be construed to be an <br />inde ndent contractor and not an employee ofthe City. This Agreement is not intended nor <br />shall il be construed to create an employer-employee relationship, a joint venture relationship, or <br />to a1ldw the City to exercise discretion or control over the professional manner in which <br />ConsJltant performs the services which are the subject matter of this Agreement; however, the <br />servicl,s to be provided by Consultant shall be provided in a manner consistent with all <br />applichblc 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 />emplo~ees and shall be responsible for all applicable withholding taxes. <br /> <br />5. j INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maint in and shall require its subcontractors. ifany, to obtain and maintain insurance as <br />deseriH.ed below: <br /> <br />Ja. Commercial General Liability Insurance. Consultant shall maintain commercial <br />gener liability insurance naming the City, its officers, employees, agents, volunteers and <br />repres6ttatives as additional insured(s) and shall include, but not bc limited to protection against <br />c1aims.,!arising from bodily and personal injury, including death resulting tI1erefrom and damage <br />to pro~, resulting from any act or occurrence arising out of Consultant's operations in the <br />perfo,.;\,ance of this Agreement, including, without limitation, acts involving vehicles. The <br />amoun6 of insurance shall be not less than the following: single limit coverage applying to <br />bodily land personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrenee. Consultant shall supply City with a fully executed <br />additidnal insured endorsement in substantially the form attached hcreto as Exhibit B upon <br />executlon of this Agreement and shall be approved in form by the City Attorney. <br />! <br /> <br />: b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Consultant, ifConsu]tant has a11y employees, is required to be insured <br />againsti liability for worker's eompensation or to undertake self-insurance. Prior to commencing <br />the performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />emplo~er's liability insurance with limits not less than $1,000,000 per accident. <br /> <br />lc. The following requirements apply to the insurance to be provided by Consultant <br />puraua t to this section: <br /> <br />2 <br />