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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 Liability 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 operatlons 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 Ilmft 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 />(li) Certificates of insurance shall be furnished to the City upon execution of
<br />this Agreement and shall be approved by the City,
<br />(Ill) Certificates and policies shall state that the policies shall not be canceled
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