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their use. Contractor shall furnish the City all necessary copies of data needed to complete the <br />review and approval process. <br />6. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire tern 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 />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 general <br />liability insurance which shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting therefrom and damage <br />to property, resulting from any act or occurrence arising out of Consultant's operations in <br />the performance of this Agreement, including, without limitation, acts involving vehicles. <br />The amounts of insurance shall be not less than the following: single limit coverage <br />applying to bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. <br />Such insurance shall (a) name the City, its officers, employees, agents, volunteers and <br />representatives as additional hisured(s); (b) be primary and not contributory with respect <br />to insurance or self - insurance programs maintained by the City; and (c) contain standard <br />separation of insureds provisions. Consultant shall supply City with a fully executed <br />additional insured endorsement in substantially the form attached hereto as Exhibit C <br />upon execution of this Agreement. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit <br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non - owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of <br />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 <br />commencing the performance of the work under this Agreement, Consultant agrees to <br />obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br />2511 -6 <br />