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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 anemployer-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 shall be provided in a manner consistent with all <br /> applicable standards and regulations governing such services. Consultant 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, Consultant 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. Consultant shall maintain commercial <br /> general liability insurance naming the City, its officers, employees, agents, volunteers and <br /> representatives as additional insureds) and shall include, but not be limited to protection against <br /> claims arising from bodily and personal injury, including death resulting therefrom and damage <br /> to property, resulting from any act or occurrence arising out of Consultant's operations in the <br /> performance of this Agreement, including, without limitation, acts involving vehicles. The <br /> amounts 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 damage, in the total <br /> amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed <br /> additional insured endorsement in substantially the form attached hereto as Exhibit B upon <br /> execution of this Agreement and shall be approved in form by the City Attorney. <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 provisions of Section 3700 <br /> of the Labor Code, 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 commencing the <br /> <br /> performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br /> employer's liability insurance with limits not less than $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 of not less <br /> than $1,000,000 per claim. <br /> 2 <br /> <br />