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provided In a manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance <br />and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br />liability insurance naming the City, Its officers, employees, agents, volunteers and <br />representatives as additional Insured(s) and shall include, but not be limited to protection <br />against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of <br />Consultant's operations In the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, including death <br />resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence, with $2,000,000 In the aggregate. Such insurance shall: (1) name the City, <br />its officers, employees, agents, volunteers, and representatives as additional insureds; <br />(2) be primary and not contributory with respect to Insurance or self-insurance programs <br />maintained by the City; and (3) contain standard separation of insured provisions, <br />Worker's Compensation Insurance. In accordance with the provisions of California state <br />law, Consultant, if Consultant has any employees, is required to be Insured against <br />liabilityforworker's compensation or to undertake self-insurance. Prior to commencing <br />the performance of the work under this Agreement, Consultant agrees to obtain and <br />maintain any employer's liability Insurance with limits not less than $1,000,000 per <br />accident. <br />c. The following requirements apply to the insurance to be provided by Consultant pursuant <br />to this section: <br />(I) Consultant shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of Insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved by the City. <br />(iii) 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 Consultant 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 <br />procured and is in force and paid for, the City shall have the right, at the City's election, <br />to terminate this Agreement. Such termination shall not affect Consultant's right to be <br />paid for its time and materials expended prior to notification of termination. Consultant <br />waives the right to receive compensation and agrees to indemnify the City for any work <br />performed prior to approval of insurance by the City. <br />Page 2of8 <br />