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the subject matter of this Agreement; however, the services to be provided by Contractor shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br />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, Contractor shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Contractor shall maintain commercial general <br />liability insurance which shall include, but not be limited to ,protection against claims arising from <br />bodily and personal injury, including death resulting therefrom and damage to property, resulting from <br />any act or occurrence arising out of Contractor's operations in the performance of this Agreement, <br />including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than <br />the following: single limit coverage applying; to bodily and personal injury, including death resulting <br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in <br />the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s); (b) be primary and not contributory with respect to insurance <br />or self-insurance, programs maintained by the City; and (c) contain standard separation of insureds <br />provisions. <br />b. Worker's Compensation Insurance. In accordance with California State law, Contractor, if <br />Contractor has any employees, is required to be insured against liability for worker's compensation or <br />to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, <br />Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br />c. The following requirements apply to the insurance to be provided by Contractor pursuant to <br />this section: <br />(i) Contractor 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 this <br />Agreement and shall be approved in form by the City. <br />(iii) Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />e. If Contractor fails or refuses to produce or maintain the insurance required by this section or <br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force <br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. <br />Such termination shall not effect Contractor's right to be paid for its time and materials expended prior <br />to notification of termination. Contractor waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the City. <br />Page 2 of 6 <br />