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4. INDEPENDENT CONTRACTOR <br />Consultant 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 Consultant performs the services which are <br />the subject matter of this Agreement, however, the services to be provided by Consultant shall be <br />provided in a 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 insurance <br />and 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, Consultant shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General [:lability insurance. Consultant shall maintain commercial general <br />liability insurance naming the City, its officers, employees, agents volunteers and <br />representatives' as additional insured(s) and shall include, but not be limited to protection <br />against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of <br />Consultant's operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, including death <br />resulting therefrom, and property damage; in the total amount of $1,000,000 per <br />occurrence, with $2,000,000 in the aggregate. Such Insurance shall: (1) name the City, <br />its officers, employees, agents, volunteers, and representatives as additional insureds; <br />(2) be primary and not contributory with respect to insurance or self-insurance programs <br />maintained by the City, and (3) contain standard separation of insured provisions. <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 California state <br />law, Consultant, if Consultant has any employees, is required to be insured against <br />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 <br />maintain any employer's liability insurance with limits not less than $1,000,000 per <br />accident. <br />d. The following requirements apply to the insurance to be provided by Consultant pursuant <br />to this section, <br />(1) Consultant shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(it) Certificates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved by the City. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />2 <br />