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shall be provided in a manner consistent with all applicable standards and regulations governing
<br /> such services. Provider shall pay all salaries and wages, employer's social security taxes,
<br /> unemployment insurance and similar taxes relating to employees and shall be responsible for all
<br /> 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 /> Provider shall procure and maintain for the duration of the agreement, the following
<br /> insurance coverages,
<br /> Minimum Scope and Limit of Insurance. Provider shall maintain limits of insurance
<br /> coverage in the following minimum amounts and shall be at least as broad as:
<br /> • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
<br /> covering CGL on an"occurrence"basis, including products and completed operations,
<br /> property damage, bodily injury and personal & advertising injury with limits no less
<br /> than$1,000,000 per occurrence and$2,000,000 aggregate,
<br /> • Sexual Abuse or Molestation Liability(SAML): If the CGL policy referenced above
<br /> is not endorsed to include affirmative coverage for sexual abuse or molestation,
<br /> Provider shall obtain and maintain a policy covering Sexual Abuse and Molestation
<br /> with a limit of no less than$1,000,000 per occurrence or claim.
<br /> • Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code
<br /> 1 (any auto),with combined single limits of$1,000,000. In the event Provider does not
<br /> maintain commercial automobile liability insurance, City will accept evidence of
<br /> personal automobile insurance with existing limits, which can be lower than
<br /> $1,000,000.
<br /> • If Provider maintains broader coverage and/or higher limits than the minimums shown
<br /> above, City requires and shall be entitled to the broader coverage and/or the higher
<br /> limits maintained by Provider. Any available insurance proceeds in excess of the
<br /> specified minimum limits of insurance and coverage shall be available to City.
<br /> Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
<br /> contain, the following provisions:
<br /> • CGL, SAML and AL policies: City of Santa Ana, its City Council, its officers,
<br /> officials, employees, agents, and volunteers are to be covered as additional insureds
<br /> with respect to liability arising out of work or operations performed by or on behalf of
<br /> the Provider including materials, parts, equipment, and personnel furnished in
<br /> connection with such work or operations.
<br /> • All required insurance policies: Insurance company(ies) agrees to waive all rights of
<br /> subrogation against City,its City Council,its officers,officials,employees, agents,and
<br /> volunteers for losses paid under the terns of any policy which arise from work
<br /> performed by Provider for City.
<br /> • All required insurance policies: For any claims related to this contract, Provider's
<br /> insurance coverage shall be primary and any insurance maintained by City, its City
<br /> Council, its officers, officials, employees, agents, or volunteers shall not contribute
<br /> with it.
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