Item 37 - Renewal with Third Party Administrator for Claims Admin. Service

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cause of action or suit, of any and every kind and description, arising or resulting from, or in any way connected with, any fines, fees, penalties or Medicare reimbursements required to be paid as a result of the Administrator's failure to timely report any Medicare -eligible judgments, awards, or settlements, or for failure to adequately protect Medicare's conditional or future medical payments. C. City agrees to defend any demand, claim, or legal action commenced against the Administrator regarding a matter or incident allegedly caused by or resulting from wrongful or negligent acts of their respective officers, employees, agents, or others engaged by the City, and to indemnify the Administrator against any liability, loss, cost, or damage, including attorney's fees, resulting there from. 11. Insurance. a. Administrator shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with Administrator's performance. The cost of such insurance shall be borne by Administrator. Failure to procure and/or maintain the proper insurance is grounds for termination of this Agreement. b. The Administrator shall maintain the following minimum insurance coverage: i) Commercial General Liability insurance in an amount no less than 1,000,000 per occurrence with an aggregate of no less than twice the per occurrence limit. Such insurance shall be endorsed to name the City, and their respective officers, agents and employees as additional insureds. ii) Business Automobile Liability insurance in an amount no less than 1,000,000 per accident. Such insurance shall include coverage for owned, hired and non -owned autos. iii) Workers' Compensation insurance meeting all statutory benefit requirements of the Labor Code of the State of California and Employers Liability insurance with a minimum limit of $1,000,000 each accident for bodily injury or disease. The workers' compensation insurance shall be endorsed to waive anyright to subrogation against the City, and their respective officers, agents and employees. iv) Professional Errors & Omissions insurance with a minimum limit of 2,000,000 per occurrence with an aggregate of no less than twice the per occurrence limit. v) Crime/Employee Dishonesty: $1,000,000 to include employee dishonesty, disappearance, theft, and forgery or alteration coverage in a form and issued by an insurance or bonding company or companies acceptable to the City. vi) Cyber Liability insurance with a minimum limit of $1,000,000 per occurrence. C. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: Page 9 of 13 25D-15