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Exhibit 1
<br />owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor
<br />Code, Consultant, if Consultant has any employees, is required to be insured against liability for
<br />worker's compensation or to undertake self-insurance. Prior to commencing the performance of the
<br />work under this Agreement, Consultant agrees to obtain and maintain any employer's liability
<br />insurance with limits not less than $1,000,000 per accident.
<br />d. Liquor Liability Insurance of $1,000,000 per occurrence.
<br />e. If Consultant is or employs a licensed professional such as an architect or engineer: Professional
<br />liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per
<br />claim with $2,000,000 in the aggregate.
<br />f. The following requirements apply to the insurance to be provided by Consultant pursuant to this
<br />section:
<br />i. Consultant shall maintain all insurance required above in full force and effect for the entire
<br />period covered by this Agreement.
<br />ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and
<br />shall be approved by the City.
<br />iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage
<br />or changed in any other material aspect without thirty (30) days prior written notice to the City.
<br />iv. Where the amounts or coverage provided by the certificates of insurance provides coverage
<br />greater than those listed by this Agreement, the amounts provided by the certificates of
<br />insurance shall be incorporated by reference into the Agreement.
<br />V. Consultant shall supply City with a fully executed additional insured endorsement.
<br />h. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or
<br />refuses to furnish the City with required proof that insurance has been procured and is in force and paid
<br />for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
<br />termination shall not affect Consultant's right to be paid for its time and materials expended prior to
<br />notification of termination. Consultant 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 />8. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,
<br />contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death,
<br />and claims for property damage, which may arise from the negligent operations of the Consultant, its
<br />subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described
<br />in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
<br />This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution,
<br />judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this
<br />Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to
<br />indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special
<br />counsel to be selected by the City, regarding any action by a third party challenging the validity of this
<br />Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement.
<br />City may make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8,
<br />the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise
<br />out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
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