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4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entit•e 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, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable 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 />employees and shall be responsible for all applicable 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. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insureds) and shall include, but not be limited to protection against <br />claims arising from bodily and personal injut•y, including death resulting therefrom and damage <br />to property, resulting from any act or occuttence arising out of Consultant's operations in the <br />performance of this Agreement. 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, <br />and property damage, in the total amount of $1,000,000 per occurt•ence. Consultant shall supply <br />City with a fully executed additional insured endot•sement containing the following clauses: <br />1. "The City of Santa Ana, its officers, employees, agents, volunteers and <br />representatives, is added as an additional insured as respects operations of the named <br />insured perfot7rred under contract with the City of Santa Ana." <br />2. "It is agreed that any insurance maintained by the City of Santa Ana shall apply in <br />excess of and not contt•ibute with, insurance provided by this policy." <br />b. 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 be insured <br />against liability for worker's compensation 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 />employer's liability insurance with limits not less than $1,000,000 per accident. <br />c. Professional liability (errors and omissions) insurance, with a combined single limit of <br />not less than $1,000,000 per claim.