|
VH.
<br />HOLD HARMLESS
<br />A. CONTRACTOR shall indemnify and save harmless CITY, its officers,
<br />agents and employees, from and against any and all damages to property or injuries to or death of
<br />any person or persons, including property and employees or agents of CITY, and shall defend,
<br />indemnify and save harmless CITY, its officers, agents and employees, from any and all claims,
<br />demands, suits, actions or proceedings of any kind or nature, including, but not by way of
<br />limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors
<br />or omission of CONTRACTOR, its employees or subcontractors.
<br />B. CONTRACTOR shall indemnify and save harmless CITY, its officers,
<br />agents and employees, from and against any and all damages to property or injuries to or death of
<br />any person or persons, including property and employees or agents of CITY, and shall defend,
<br />indemnify and save harmless CITY, its officers, agents and employees, from and against any and
<br />all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the
<br />intentional or malicious acts of CONTRACTOR, its employees or subcontractors.
<br />VIII.
<br />INSURANCE
<br />1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in
<br />force during the term of this Agreement a policy of comprehensive commercial general liability
<br />insurance insuring the State of California, CITY, and CONTRACTOR against any liability for
<br />accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall
<br />be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of
<br />any person or persons in any single accident or occurrence, with $2,000,000 in the aggregate
<br />coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide
<br />to CITY and to the State of California, Employment Development Department, at least thirty (30)
<br />days written notice prior to cancellation; name CITY, its officers, agents, employees, and
<br />volunteers, and the State of California, its officers, employees, and volunteers as Additional
<br />Insured; and state that such coverage is primary to any other coverage or self-insurance of the State
<br />of California and CITY (in substantially the form as Exhibit 1, Additional Insured Endorsement,
<br />attached hereto). Governmental entities may substitute a certificate of self-insurance.
<br />2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
<br />during the effective period of this Agreement, broad form automobile liability coverage with at
<br />least $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -
<br />owned automobiles used by CONTRACTOR employees or Participants in performance of this
<br />Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends
<br />to require employees, Participants or other agents to utilize their own automobiles in the
<br />performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such
<br />employees, Participants, or agents as self -certification of automobile insurance coverage.
<br />Governmental entities may substitute a certificate of self-insurance.
<br />25A-39
<br />Page 11 of 17
<br />
|