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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 manner in which Contractor performs <br />the services which are the subject matter of this Agreement; however, the services to be provided <br />by Contractor shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Contractor shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. Contractor is not an agent, representative or <br />employee of City and Contractor shall have no authority to act on behalf of the City. <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 which shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting therefrom and damage to <br />Property, resulting from any act or occurrence arising out of Contractor'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 slid $2,000,000 in the aggregate, including coverage of <br />sexual misconduct. 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 (a) contain standard <br />separation of insured's provisions. <br />b. Worker's Compensation Insurance. In accordance with the provisions of California <br />state law, Contractor, if Contractor has any employees, is required to be insured against liability <br />for worker's compensation or to undertake self-insurance. Prior to commencing the performance <br />of 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 />c. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: <br />(i) Contractor shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. Certificates <br />of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City. <br />Page 2 of 6 <br />