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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />manner in which it is performed. Contractor shall be free to contract for similar services to <br />be performed for others during this Agreement; provided, however, that Contractor acts in <br />accordance with Section 9 and Section 11 of this Agreement. Contractor acknowledges <br />and agrees that (a) City will not withhold taxes of any kind from Contractor's compensation; <br />(b) City will not secure workers' compensation or pay unemployment insurance to, for or <br />on Contractor's behalf; and (c) City will not provide and Contractor is not entitled to any of <br />the usual and customary rights, benefits or privileges of City employees. Contractor <br />expressly warrants that neither Contractor nor any of Contractor's employees or agents <br />shall represent themselves to be employees or agents of City. <br />5. INSURANCE. <br />A. As a condition precedent to the effectiveness of this <br />Agreement, Contractor shall procure and maintain, at Contractor's expense for the <br />duration of this Agreement, from insurance companies that are admitted to write <br />insurance in California and have ratings of or equivalent to AN by A.M. Best <br />Company or from authorized non -admitted insurance companies subject to Section <br />1763 of the California Insurance Code and that have ratings of or equivalent to A:VIII <br />by A.M. Best Company, the following insurance: <br />(a) Commercial general liability insurance (equivalent in scope to <br />ISO form CG 00 01 11 85 or CG 00 01 10 93) in an amount not less than <br />$1,000,000 per each occurrence and $2,000,000 general aggregate. This <br />coverage shall include but not be limited to broad form contractual liability, <br />cross liability, independent contractors liability, and products and completed <br />operations liability. City, its boards and commissions, and their officials, <br />employees and agents shall be named as additional insureds by <br />endorsement (on City's endorsement form or on an endorsement equivalent <br />in scope to ISO form CG 20 10 11 85 or CG 20 26 11 85), and this insurance <br />shall contain no special limitations on the scope of protection given to City, <br />its boards and commissions, and their officials, employees and agents. This <br />4 <br />L: pp\ClyLaw32\\WPDocs\D014\P029\00646762.doex 25C-7 <br />