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a. Commercial General Liability Insurance. CONSULTANT shall maintain in full fome and effect, <br />for the period covered by this Agreement, comprehensive general liability insurance. This comprehensive <br />general liability insurance shall name the City, its officers, agents and employees as additional insured(s) and <br />shall include, but not be limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any act or occurrence arising out <br />of CONSULTANT's operations in the performance of this Agreement, including, without limitation, acts <br />involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage <br />applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence. <br /> <br /> b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br />Labor Code, if CONSULTANT has any employees it is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. CONSULTANT agrees to comply with such provisions before <br />commencing the performance of the work under this Agreement. <br /> <br /> c. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to <br />paragraph a., above: <br /> <br />1. A certificate of insurance, to be approved in form by the City Attomey, shall be furnished <br /> to the City within 30 days of the execution of this Agreement. <br /> <br />Certificates and policies shall state that the policies shall not be canceled or reduced in <br />coverage or changed in any other material aspect without thirty (30) days prior written <br />notice to the City. <br /> <br /> d. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or <br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force and <br />paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such <br />termination shall not effect CONSULTANT's right to be paid for its time and materials expended prior to <br />notification of termination. <br /> <br />10. TERMINATION <br /> <br /> This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days <br />written notice to the other party. Notice shall be deemed served on the date of mailing. However, <br />CONSULTANT may not terminate this Agreement if undue hardship will result to any participant. <br /> <br />11. DISPUTES <br /> <br /> Except as otherwise provided in this Agreement, any dispute concerning any question arising <br />under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and <br />mail or otherwise finnish a copy thereof to CONSULTANT. The decision of the City shall be final and <br />conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives <br />from CONSULTANT written request to appeal said decision. <br /> <br /> Procedures governing the appeal shall be prescribed by CITY and/or the State of California in <br />accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of <br /> <br />6 <br /> <br /> <br />