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0 S <br />4. Insurance <br />Prior to undertaking performance of work under this Agreement, Vendor shall maintain and shall <br />require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Vendor shall maintain commercial general liability <br />insurance naming the City, its officers, agents, volunteers, 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 <br />out of Vendor'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 <br />total amount of $1,000,000 per occurrence. Vendor shall supply City with a fully executed additional <br />insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of <br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - <br />owned automobiles. <br />c. Worker's Compensation Insurance. hi accordance with the provisions of Section 3300 of the <br />Labor Code, Vendor, if Vendor has any employees, is required to be insured against liability for worker's <br />compensation or to undertake self - insurance. Prior to commencing the performance of the work under this <br />Agreement, Vendor agrees to obtain and maintain any employer's liability insurance with limits not less <br />than $1,000,000 per accident. <br />section: <br />d. The following requirements apply to the insurance to be provided by Vendor pursuant to this <br />(i) Vendor shall maintain all insurance required above in full force and effect for the <br />entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be cancelled or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City. <br />e. If Vendor fails or refuses to produce or maintain the insurance required by this section or fails <br />or 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 effect Vendor's right to be paid for its time and materials expended prior to <br />notification of termination. Vendor waives the right to receive compensation and agrees to indemnify the <br />City for any work performed prior to approval of insurance by the City. <br />Independent Contractor <br />Vendor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise <br />November 2001 25 <br />