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4. INDEPENDENT CONTRACTOR <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 <br />nor shall it be construed to create an employer-employee relationship, a joint 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 />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Due to the nature of services provided, Commercial General Liability <br />insurance is not required. <br />b. Worker's Compensation Insurance. In accordance with the provisions of <br />Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required <br />to be insured against liability for worker's compensation or to undertake self-insurance. <br />Prior to commencing the performance of the work under this Agreement, Consultant <br />agrees to obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br />c. Professional Liability (Errors & Omissions) insurance, with a combined single <br />limit of not less than $1,000,000 per claim. <br />d. The following requirements apply to the insurance to be provided by <br />Consultant pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon <br />execution of this Agreement and shall be approved in form by the <br />City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be <br />cancelled or reduced in coverage or changed in any other material <br />respect without thirty (30) days prior written notice to the City. <br />25G-5 <br />