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<br /> <br /> <br /> <br /> <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, 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 applicable <br /> standards and regulations governing such services. Consultant shall pay all salaries and wages, <br /> employer's social security taxes, unemployment insurance and similar taxes relating to employees <br /> and shall be responsible for all applicable withholding taxes. <br /> 5. INSURANCE <br /> <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 described <br /> below: <br /> <br /> a. Due to the nature of services provided, Commercial General Liability insurance is not <br /> required. <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 /> <br /> c. Professional liability (errors and omissions) insurance, with a combined single limit of <br /> not less than $1,000,000 per claim. <br /> <br /> d. The following requirements apply to the insurance to be provided by Consultant <br /> pursuant to this section: <br /> (i) Consultant shall maintain all insurance required above in full force and <br /> effect for the entire period covered by this Agreement. <br /> <br /> (ii) Certificates of insurance shall be furnished to the City upon execution of <br /> this Agreement and shall be approved in form by the City Attorney. <br /> <br /> (iii) Certificates and policies shall state that the policies shall not be canceled <br /> or reduced in coverage or changed in any other material aspect without <br /> thirty (30) days prior written notice to the City. <br /> 6. INDEMNIFICATION <br /> <br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br /> employees, Consultants, special counsel, and representatives from liability: (1) for personal <br /> injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br /> for personal injury, including death, and claims for property damage, which may arise from the <br /> direct or indirect operations of the Consultant or its contractors, subcontractors, agents, <br /> employees, or other persons acting on their behalf which relates to the services described in <br />