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4. INDEPENDENT CONTRACTOR <br /> Provider shall, during the entire term of this Agreement,be construed to be an independent <br /> contractor and not an employee of the City. This Agreement is not intended nor shall it be <br /> 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 /> 5. INSURANCE <br /> Provider shall procure and maintain for the duration of the agreement, the following <br /> insurance coverages: <br /> Minimum Scope and Limit of Insurance. Provider shall maintain limits of insurance <br /> coverage in the following minimum amounts and shall be at least as broad as: <br /> • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 <br /> covering CGL on an"occurrence"basis, including products and completed operations, <br /> property damage, bodily injury and personal & advertising injury with limits no less <br /> than$1,000,000 per occurrence and$2,000,000 aggregate. <br /> • Sexual Abuse or Molestation Liability(SAML): If the CGL policy referenced above <br /> is not endorsed to include affirmative coverage for sexual abuse or molestation, <br /> Provider shall obtain and maintain a policy covering Sexual Abuse and Molestation <br /> with a limit of no less than$1,000,000 per occurrence or claim. <br /> • Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code <br /> 1 (any auto),with combined single limits of$1,000,000. In the event Provider does not <br /> maintain commercial automobile liability insurance, City will accept evidence of <br /> personal automobile insurance with existing limits, which can be lower than <br /> $1,000,000. <br /> • If Provider maintains broader coverage and/or higher limits than the minimums shown <br /> above, City requires and shall be entitled to the broader coverage and/or the higher <br /> limits maintained by Provider. Any available insurance proceeds in excess of the <br /> specified minimum limits of insurance and coverage shall be available to City. <br /> Other Insurance Provisions. The insurance policies are to contain, or be endorsed to <br /> contain, the following provisions: <br /> • CGL, SAML and AL policies: City of Santa Ana, its City Council, its officers, <br /> officials, employees, agents, and volunteers are to be covered as additional insureds <br /> with respect to liability arising out of work or operations performed by or on behalf of <br /> the Provider including materials,parts, equipment, and personnel furnished in <br /> connection with such work or operations. <br /> • All required insurance policies: Insurance company(ies) agrees to waive all rights of <br /> subrogation against City, its City Council, its officers, officials, employees, agents, <br /> Page 3of13 <br />