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construed to create an employer -employee relationship, a joint venture relationship, or to allow the <br />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 />6. 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. Minimum Scope and Limit of Insurance: <br />(1) Commercial General Liability (CGL). Insurance Services Office Form CG 00 <br />01 covering CGL on an "occurrence" basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury with <br />limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, <br />either the general aggregate limit shall apply separately to this project/location (ISO <br />CG 25 03 or 25 04) or the general aggregate limit shall be twice the required <br />occurrence limit. <br />(2) Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1), <br />or if Provider has no owned autos, hired (Code 8) and non -owned autos (Code 9), <br />with limit no less than $1,000,000 per accident for bodily injury and property <br />damage. <br />(3) Workers' Compensation. As required by the State of California, with statutory <br />limits, and employer's liability insurance with a limit of no less than $1,000,000 <br />per accident for bodily injury or disease. <br />(4) Sexual Abuse or Molestation (SAM) Liability. If the Professional Liability <br />policy referenced above is not endorsed to include affirmative coverage for sexual <br />abuse or molestation, Provider shall obtain and maintain a policy covering Sexual <br />Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim <br />for an organization. <br />(5) Broader Coverage. If the Provider maintains broader coverage and/or higher <br />limits than the minimums shown above, the City requires and shall be entitled to <br />the broader coverage and/or the higher limits maintained by the Provider. Any <br />available insurance proceeds in excess of the specified minimum limits of insurance <br />and coverage shall be available to the City. <br />b. Other Insurance Provisions <br />Page 3 of 10 <br />