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C 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, or
<br />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 skull 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 />5. 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 training the City, its officers, employees, agents;
<br />volunteers and representatives as additional insureds) and shall include, but Pot
<br />he limited to protection against claims arising from bodily and personal injury,
<br />including death: resulting therefrom .and damage to property, resulting -from -any
<br />act or occurrence arising out of Consultarnt's operations 'in the performance -of this
<br />Agreement, inchding, without limitation, acts involving vehicles. The amounts
<br />ofinsurance 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 ft%ured(s); (b)'bc prdrnary
<br />with respect to insurance or self-insurance programs maintained by the CITY; and.
<br />(e) contain standard separation ofinssureds provisions.
<br />b. If applicable, business automobile liability insurance, or equival€nt ,forin; with a
<br />combined single linnft of not, less than $1,000 000 per occurrence, Such insurance
<br />shall 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 />to obtain and maintain any employer's liability insurance with limits not less
<br />$1,000,000 per accident
<br />d. If Consultant is or employs a licensed professional such as an arehiteet or engineer;
<br />Prafesstional liability (errors and omissions) insurance, wvith. a combined single limit
<br />of not less thah,$1,000;000 per claim with $2,000,000 in the aggregate.
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