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discretion or control over the professional manner in which Contractor performs the services which are the
<br />subject nutter of this Agreement, however, the services to be provided by Contractor shall be provided in
<br />it manner consistent with all applicable standards and regulations governing such set -vices, Contractor shall
<br />pay all salaries and wages, employees social security taxes, unemployment insurance and similar taxes relating
<br />to 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 maintain and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Contractor shall maintain commercial general
<br />liability insurance which shall include, but not be limited to protection against claims arising frona bodily
<br />and personal injury, including death resulting therefrom and damage to property, resulting frorn any act or
<br />Occurrence arising out of Contractor's operations in [lie performance of this Agreement, including, without
<br />Ifirlitarion, acts involving Vehicles. The amounts of insurance shall be not less than the following: single
<br />limit coverage applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance
<br />shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs
<br />maintained by the City; and (c) contain standard separation of insureds provisions,
<br />b, Worker's Compensation Insurance., In accordance with California State law, Contractor, if
<br />Contractor has any employees, is required to be insured against liability for worker's compensation or to
<br />undertake self-insurance, Prior to commencing the performance of the work under this Agreement,
<br />Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than
<br />$ 1,000,000 per accident,
<br />c. 'the following requirements apply to the insurance to be provided by Contractor pursuant to this
<br />section:
<br />i. Consultant shall maintain all insurance required above in full force and effect for the entire
<br />period covered by this Agreement,
<br />fi. Certificates of insurance shall be furnished to the City upon execution of this Agreement
<br />and shall be approved by the City.
<br />iii. Certificates and policies shot] state that the policies shall not be canceled or reduced in
<br />coverage or changed in any other material aspect without thirty (30) days prior written
<br />notice to the City.
<br />iv, Where the amounts or coverage provided by the certificates Of insurance provides coverage
<br />greater than those listed by this Agreement, the amounts provided by the certificates or
<br />insurance shall be incorporated by reference into the Agreement,
<br />V. Consultant shall supply City with a fully executed additional insured endorsement,
<br />e. If Contractor 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 fibroc and
<br />paid for, the City shall have the rig ,ht, at the City's election, to forthwith terminate this Agrccmeat. Such
<br />termination shall not effect Contractor's right to be paid for its time and materials expended prior to
<br />notification of termination. Contractor 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.
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