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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, Provider shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Provider shall maintain commercial general <br />liability insurance which shall include, but not be limited to protection against claims arising from <br />bodily and personal injury, including death resulting therefrom and damage to property, resulting <br />from any act or occurrence arising out of Provider's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall <br />be not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, <br />employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not <br />contributory with respect to insurance or self-insurance programs maintained by the City; and (c) <br />contain standard separation of insured's provisions. <br />b. Worker's Compensation Insurance. In accordance with Cahfomia State law, Provider, <br />if Provider has any employees, is required to be insured against liability for worker's compensation <br />or to undertake self-insurance. Prior to commencing the performance of the work under this <br />Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits <br />not less than S 1,000,000 per accident. <br />c. The following requirements apply to the insurance to be provided by Provider pursuant <br />to this section: <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 by the City. <br />iii. Certificates and policies shall state that the policies shall not be canceled or reduced <br />in coverage or changed in any other material aspect without thirty (30) days prior <br />written notice to the City. <br />iv. Where the amounts or coverage provided by the certificates of insurance provides <br />coverage greater than those listed by this Agreement, the amounts provided by the <br />certificates of insurance shall be incorporated by reference into the Agreement. <br />V. Consultant shall supply City with a filly executed additional insured endorsement. <br />2 <br />