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4. INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire teen 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 marmer 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 employees and shall be responsible for all applicable withholding taxes.
<br />S. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not
<br />be limited to protection against claims arising from bodily and personal injruy,
<br />including death resulting therefrom and damage to property, resulting from any
<br />act or occurrence arising out of Consultant's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts
<br />of insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
<br />aggregate. Such insurance shall (a) name the CITY, its officers, employees,
<br />agents, volunteers and representatives as additional insured(s); (b) be primary
<br />with respect to insurance or self-insurance programs maintained by the CITY; and
<br />(c) contain standard separation of insureds provisions,
<br />b. If applicable, business automobile liability insurance, or equivalent form, with a
<br />combined single limit of not less than $1,000,000 per occurrence. Such insurance
<br />,,hall include coverage for owned, hired and non -owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the California Labor Code,
<br />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
<br />commencing the performance of the work Linder this Agreement, Consultant agrees
<br />to obtain and maintain any employer's liability insurance with limits not less than
<br />$1,000,000 per accident.
<br />d. If Consultant is or employs a licensed professional such as an architect or engineer:
<br />Professional liability (errors and omissions) insurance, with a combined single limit
<br />of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
<br />25B-4
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