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5. INSURANCE -INDEPENDENT CONTRACTOR <br />A. The performance of MWDOC's services hereunder shall be in the capacity of an <br />independent contractor and not as an officer, agent, or employee of the CITY. <br />B. Any and all of MWDOC's personnel shall be employees, agent, or subcontractors of <br />MWDOC and not employees of the CITY, nor shall the employees, agents, or subcontractors of the <br />CITY be deemed employees or agents of MWDOC. <br />C. Neither the CITY nor MWDOC shall have authority, express or implied, to perform <br />any act or make any promises, representation, or commitment which would be binding upon the other. <br />D. MWDOC shall provide Workers' Compensation insurance for its employees as <br />required by California statutes. <br />E. MWDOC shall provide the CITY, upon request, certificates of insurance for Workers' <br />Compensation and general liability covering its performance pursuant to this Agreement. <br />F. MWDOC shall not discriminate against any employee or applicant for employment <br />because of race, color, creed, religion, sex, marital statute, nationality, origin, ancestry, physical <br />handicap, or medical condition. <br />6. INDEMNITY <br />Each of the parties agrees to indemnify, defend, and hold harmless the other party, its <br />officers, agents, employees, representatives, and volunteers from damage to property and for injury to <br />or death of any person and from all claims, demands, actions, liability, or damages of any kind or <br />nature arising out of or in connection with the provision of MWDOC's services under this Agreement, <br />resulting from the willful or negligent acts or omissions of the indemnifying party's officers, agents, <br />employees, representatives andlor volunteers. <br />7. ENTIRE AGREEMENT <br />This writing constitutes the entire Agreement between the parties with respect to the subject <br />matter hereof and supersedes all oral or written representations or written agreements which may <br />have been entered into between the parties. No modification or revision shall be of any force or effect, <br />unless the same is in writing and executed by the parties hereto. <br />8. COMPLIANCE WITH LAWS <br />All services performed by MWDOC pursuant to this Agreement shall comply with all Federal, <br />State and local laws and regulations, including those of the CITY OF SANTA ANA. <br />25D-5 <br />