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responsible for all applicable withholding taxes, Provider is not an agent, representative or
<br />employee of City and 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
<br />from bodily and personal injury, including death resulting therefrom and damage to property,
<br />resulting from any act or occurrence arising out of Provider's operations in the performance of
<br />this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
<br />shall 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 aggregate. Such insurance shall (a) name the City, its officers,
<br />employees, agents, volunteers and representatives as additional insured(s); (b) be primary and
<br />not contributory with respect to insurance or self-insurance programs maintained by the City;
<br />and (c) contain standard separation of insuured's provisions,
<br />b. Worker's Compensation Insurance, In accordance with the provisions of Section 3300
<br />of the Labor Code, Provider, if Provider has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self-insurance, Prior to commencing the
<br />performance of the work under this Agreement, Provider agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $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) Provider shall maintain all insurance required above in fall force and
<br />effect for the entire period covered by this Agreement. Certificates
<br />of insurance shall be furnished to the City upon execution of this
<br />Agreement and shall be approved in form by the City,
<br />(ii) Certificates and policies shall state that the policies shall not be canceled
<br />or reduced in coverage or changed in any other material aspect without
<br />thirty (30) days prior written notice to the City.
<br />d. If Provider fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refuses to furnish the City with required proof that insurance has been procured
<br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith
<br />terminate this Agreement. Such termination shall not affect Provider's right to be paid for its
<br />time and materials expended prior to notification of termination. Provider waives the right to
<br />receive compensation and agrees to indenmify the City for any work performed prior to approval
<br />of insurance by the City.
<br />6, INDEMNII+ICATION
<br />Provider agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, contractors, special counsel, and representatives from liability for pea:sonal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for
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