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event sufficient budgeted funds are not available for a new fiscal period, the City shall notify Contractor <br />of such occurrence and contract shall terminate on the last day of the current fiscal period without penalty <br />or expense to the City. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Contractor performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Contractor shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br />similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br />liability insurance which shall include, but not be limited to protection against claims arising from bodily <br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Consultant's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: <br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, and <br />property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such <br />insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as <br />additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by <br />the City; and (c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of <br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and <br />non -owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br />Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for <br />worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work <br />under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $1,000,000 per accident. <br />d. The following requirements apply to the insurance to be provided by Contractor pursuant to <br />this section: <br />(i) Contractor shall maintain all insurance required above in full force and effect for <br />the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />2 <br />