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4. INDEPENDENT CONTRACTOR <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, <br />or 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 <br />and wages, employer's social security taxes, unemployment Insurance and similar taxes relating <br />to its 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 <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below, if the Consultant maintains broader coverage and/or higher limits than the <br />minimums described below, the City requires and shall be entitled to the broader coverage <br />and/or higher limits maintained by the Consultant: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability Insurance which 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 <br />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 <br />less than the following: single limit coverage applying to bodily and personal <br />injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such <br />Insurance shall (a) name the City, its officers, employees, agents, volunteers <br />and representatives as additional insured(s); (b) be primary and not contributory <br />with respect to insurance or self-insurance programs maintained by the City; and <br />(c) contain standard, separation of Insured's provisions. Consultant shall supply <br />City with a fully executed additional insured endorsement in substantially the <br />form attached hereto as Exhibit 13 upon execution of this Agreement. <br />b, Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence for owned automobiles. <br />C, Worker's Compensation Insurance. In accordance with the provisions of Section <br />3700 of the Labor Code, Consultant, If Consultant has any employees, is <br />required to be insured against liability for worker's compensation or to undertake <br />self-insurance. Prior to commencing the performance of the work under this <br />Agreement, Consultant agrees to obtain and maintain any employer's liability <br />Insurance with limits not less than $1,000,000 per accident. <br />d. The following requirements apply to the Insurance to be provided by Consultant <br />pursuant to this section: <br />