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b- Business automobile liability instu-aneC, or equivalent form, with a combined single limit
<br />0f Iiri less than $1,000,000 per occur-ence- Such insurance shall include coverage for
<br />owned, hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
<br />the Labor Code, CONSULfAN f, it CONSULfAN f has any employees, is required to be
<br />insuredagainstliabilityf:u-worker'scompensationortoundertakeself-insurance, Priorto
<br />Commencing the performance of the work under this Agreement, CONS U.TANT agrees
<br />to obtain and maintain any emplover's liability insurance with limits not less than
<br />$1,000,000 per accident.
<br />d- II CONSULTANT is or employs a licensed professional such as an architect or engineer:
<br />Professional liability (errors and omissions) insurance, with a combined single limit of not
<br />less than $1.000,000 per claim with $2,000,000 in the aggregate.
<br />C. The tollowing reluirements apply to the insurance to be provided by CONSUL TANI
<br />pursuant to this section:
<br />i. CONSUL FAN ]'shall maintain all insurance required above in hill force and effect
<br />for the entire period covered by this Agreement.
<br />it- Certificates of insurance shall be famished to the CITY upon execution of this
<br />Agrcancnt and shall be approved by the CiTY-
<br />iii. Certificates and politics shall state that the policies shall not be caliecicai or reduecd
<br />in coverage or changed in any other material aspect witltout thirty (30) days prior
<br />written notice to the CITY -
<br />iv. CONSULTANT shall supply CITY with a billy executed additional insured
<br />endorsement.
<br />f If CONSULTANT fails or refuses to produce or maintain the insurance required by this
<br />section 01 fails or refuses to tumi h the CITY with tcquircd proof that insurance has been
<br />procured and is in force and paid for, the CITY shall have the right, at the CITY's election.
<br />To forthwith terminate this Agreement. SUCII termination shall not affect L .ONSULTANT's
<br />right to he paid for its time and materials expended prior to notification of terminatiow
<br />CONSULTANT waives the right to receive compensation and agrees to indemnify the
<br />CITY for any work perforineal prior to approval ul' insurance by the CITY.
<br />7. INDTMNITICATION
<br />To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold
<br />harmless CITY, its officers. agents and employees (collectively, the `indemnified parties") from and
<br />against any and all claims (inehtding, without limitation, claims for bodily injury, death or damage to
<br />property), demands, Obligations, damages, actions, causes of action, suits, losses, judgments, fines,
<br />penalties, liabilities, costs and expenses (including, without limitation, attorney', fees, disbursements and
<br />court cost,) Of every kind and nature. whatsoever (individually, it Claims C011cctivcly, "claim,"), t0 any
<br />work performed or services provided under this Apycetnent arising out of, relating to or pertaining to the
<br />negligence, recklessness or willhil misconduct of CONSULTANT, its principals, officers, agents,
<br />employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any
<br />of them or for whose acts they may be liable for any or Lill of them Notwithstanding the foregoing, nothing
<br />herein shall be construed to require CONSULTANT to indemnify the indermtificd nartics from any claim
<br />City Council 24 — 5 4/20/2021
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