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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 />Prior to undertaking performance of work under this Agreement, Provider shall maintain <br />insurance as described below. <br />a. Minimum Scope and Limit of Insurance: <br />(1) Commercial General Liability Insurance. Insurance Services Office Form CG <br />00 01 covering CGL on an "occurrence" basis, including products and completed <br />operations, property damage, bodily injury and personal & advertising injury with <br />limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, <br />either the general aggregate limit shall apply separately to this project/location (ISO <br />CG 25 03 or 25 04) or the general aggregate limit shall be twice the required <br />occurrence limit. <br />(2) Worker's Compensation Insurance. In accordance with California State law, <br />Provider, if Provider has any employees, is required to be insured against liability <br />for worker's compensation or to undertake self-insurance. Prior to commencing <br />the performance of the work under this Agreement, Provider agrees to obtain and <br />maintain any employer's liability insurance with limits not less than $1,000,000 per <br />accident. <br />(3) ,Sexual Abuse or Molestation (SAM) Liability. If the CGL policy referenced <br />above is not endorsed to include affirmative coverage for sexual abuse or <br />molestation, Provider shall obtain and maintain a policy covering Sexual Abuse <br />and Molestation with a limit no less than $100,000 per occurrence or claim or an <br />individual instructor and with a limit no less than $1,000,000 per occurrence or <br />claim for an organization. (Not required if City staff is present at all times). <br />(4) If the Provider maintains broader coverage and/or higher limits than the minimums <br />shown above, the City requires and shall be entitled to the broader coverage and/or <br />the higher limits maintained by the Provider. Any available insurance proceeds in <br />excess of the specified minimum limits of insurance and coverage shall be available <br />to the City. <br />b. Other Insurance Provisions <br />(1) Additional Insured Status: The City, its officers, officials, employees, and <br />volunteers are to be covered as additional insureds on the CGL policy with respect <br />to liability arising out of work or operations performed by or on behalf of the <br />Provider including materials, parts, or equipment furnished in connectionwith such <br />work or operations. General liability coverage can be provided in the form of an <br />endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 <br />Page 3 of 10 <br />