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4. INDEPENDENT CONTRACTOR <br />Provider shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be <br />construed to create an employer -employee relationship, a joint venture relationship, or to allow the <br />City to exercise discretion or control over the manner in which Provider performs the services <br />which are the subject matter of this Agreement; however, the services to be provided by Provider <br />shall be provided in a manner consistent with all applicable standards and regulations governing <br />such services. Provider shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. Provider is not an agent, representative or employee of City and <br />Provider shall have no authority to act on behalf of the City. <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 described <br />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 be <br />limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any act <br />or occurrence arising out of Consultant's operations in the performance of this <br />Agreement, including, without linutation, acts involving vehicles. The amounts of <br />insurance shall be not less than the following: single limit coverage applying to <br />bodily raid 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, agents, <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 insureds provisions. <br />b. Business automobile liabilityinsurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include <br />coverage for owned, hired and non -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 required <br />to be insured against liability for worker's compensation or to undertake self- <br />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 />Page 2 of 7 <br />