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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 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 />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 />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. Contractor shall maintain commercial <br />general liability insurance naming the City, its officers, agents, volunteers, and employees as <br />additional insured(s) and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Contractor's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance <br />shall be not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence and $2,000,000 in the aggregate. Contractor shall supply City with a fully executed <br />additional insured endorsement upon execution of this Agreement and shall be approved in form <br />by the City of Santa Ana. Such insurance shall (a) name the City, its officers, employees, agents, <br />volunteers, and representatives as additional insured(s); (b) be primary and not contributory with <br />respect to insurance or self-insurance programs maintained by the City; and (c) contain standard <br />separation ofinsured's provisions. <br />b. Business `automobile liability insurance, or equivalent form, with a combined single <br />limit 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 California State law, <br />Contractor, if Contractor 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 <br />the work under this Agreement, Contractor agrees to obtain and maintain any employer's <br />liability insurance with limits not less than $1,000,000 per accident. <br />