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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />hereto shall be effective unless executed in writing and signed by both the City and Contractor. <br /> <br />7. INDEMNIFICATION <br /> <br />Contractor shall defend, indemnify and save harmless the City of Santa Ana, and its officers, <br />agents, and employees, from any and all claims, demands, suits, actions or proceedings of any kind <br />or nature (including workers' compensation claims and unemployment insurance claims) for <br />damages to property and/or physical injury or death of any person in any way resulting from or <br />arising out of the operations and acts of Contractor, its agents, employees or subcontractors, in the <br />performance ofthis Agreement. <br /> <br />8. INDEPENDENT CONTRACTOR <br /> <br />Contractor is an independent contractor and not an employee of the City. Contractor shall be <br />responsible for the payment of all salaries, wages, bonuses, Social Security Workers Compensation, <br />taxes, Federal and State Unemployment Insurance and any and all taxes relating to the personnel <br />furnished pursuant to this Agreement. Contractor is responsible for withholding State and Federal <br />Income Taxes and FICA taxes and shall provide Workers Compensation for its personnel. The <br />Contractor shall also comply with all laws relating to employees, such as wage and hour laws, safety <br />and health requirements, and collective bargaining laws. <br /> <br />9. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br /> <br />a. Commercial General Liability Insurance. Contractor shall maintain commercial general <br />liability insurance naming the City, its officers, employees, agents, volunteers and representatives as <br />additional insured(s) and 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 <br />from any act or occurrence arising out of Contractor's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall <br />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. Contractor shall supply City with a fully executed additional insured endorsement in <br />substantially the form attached hereto as Exhibit D upon execution of this Agreement and shall be <br />approved in form by the City Attorney. <br /> <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit <br />of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired <br />and non-owned automobiles. <br /> <br />Page 26 of 34 <br />