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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 4. INDEPENDENT CONTRACTOR <br /> <br /> Consultant 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 construed to <br /> create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br /> discretion or control over the professional manner in which Consultant performs the services which are <br /> the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br /> provided in a manner consistent with all applicable standards and regulations governing such services. <br /> Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br /> similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br /> 5. INSURANCE <br /> <br /> Prior to undertaking performance of work under this Agreement, Consultant shall maintain and <br /> shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br /> <br /> a. Business automobile liability insurance, or equivalent form, with a combined single limit of not <br /> less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non- <br /> owned automobiles. <br /> b. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the <br /> Labor Code, Consultant, if Consultant 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 the work <br /> under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with <br /> limits not less than $1,000,000 per accident. <br /> <br /> c. 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 than <br /> $1,000,000 per claim. <br /> d. The following requirements apply to the insurance to be provided by Consultant pursuant to <br /> this section: <br /> <br /> (i) Consultant shall maintain all insurance required above in full force and effect for <br /> the entire period covered by this Agreement. <br /> (ii) Certificates of insurance shall be furnished to the City upon execution of this <br /> Agreement and shall be approved in form by the City Attorney. <br /> (iii) Certificates and policies shall state that the policies shall not be canceled or <br /> reduced in coverage or changed in any other material aspect without thirty (30) <br /> days prior written notice to the City. <br /> e. If Consultant fails or refuses to produce or maintain the insurance required by this section or <br /> fails or refuses to furnish the City with required proof that insurance has been procured and is in force and <br /> paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such <br /> termination shall not affect Consultant's right to be paid for its time and materials expended prior to <br /> notification of termination. Consultant waives the right to receive compensation and agrees to indemnify <br /> the City for any work performed prior to approval of insurance by the City. <br /> <br /> 6. INDEMNIFICATION <br /> <br /> 2 <br />