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4. INDEPENDENT CONTRACTOR <br />Contractor 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 not <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 />Contractor performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Contractor shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Contractor 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 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 which shall include, but not be limited to protection against claims arising from bodily <br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Consultant's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. 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, and <br />properly damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such <br />insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as <br />additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance <br />programs maintained by the City; and (e) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of not <br />less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - <br />owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the <br />Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for <br />worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work <br />under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $1,000,000 per accident. <br />d. The following requirements apply to the insurance to be provided by Consultant pursuant to <br />this section: <br />