under this Agreement. No voting member of the WDB will cast a vote on the provision of services
<br />or vote on any matter which would provide direct financial benefit to that member or any business
<br />or organization which the member directly represents.
<br />f. Salary and Bonus Limitations. If CONTRACTOR receives WIOA funds,
<br />CONTRACTOR is required to comply with federal requirements regarding the limitations on
<br />salary and bonus payments in accordance with Public Law 109-149, Section 7013.
<br />VII.
<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 />Page 11 of 17
<br />
|