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<br />e. Worker's Compensation Insnrance, In accordance with the provisions of Section 3300
<br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
<br />liability for worker's compensation or to undertake self-insurance. Prior to commencmg the
<br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any
<br />cmployer's liability insurance with limits not less than $1,000,000 per accident.
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<br />d. The following requirements apply to the insurance to be provided by Consultant
<br />pun;uant to this section:
<br />
<br />(i) Consultant shall maintain all insurance required above in full force ami
<br />effect for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of
<br />this Agreement and shall be approved in foml by the City Attorney.
<br />(iii) Ccrtilicates and pohcies shall state that the policies shall not be canceled
<br />or reduced in coverage or changed in any other material aspect without
<br />thirty (30) days prior written notice to the City.
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<br />e. Tf Consultant fails or refuses to produce or maintain the insurance requircd by this
<br />section or fails or refuses to furnish the City with required proof that insurance has been procured
<br />and is in lorce and paid for, the City shall have the right, at the City's election, to forthwith
<br />tenninate this Agreement. Such tennination shall not effect Consultant's right to he paid for its
<br />time and materials expended prior to notification of termination. Consultant waives the nght to
<br />receive compensation and agrees to indemnify the City for any work perlonned prior to approval
<br />of insurance by the City.
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<br />6, INDEMNIFICATION
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<br />Consultant agrees to and shall indemnify and hold hamlless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives horn liability: (I) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
<br />lor personal inJury, including health, and elaims for property damage, which may arise from the
<br />direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
<br />employees, or othcr persons acting on their behalfwhich relates to the services described in
<br />section I of this Agreement; and (2) from any claim that personal inJury, damages, Just
<br />compensation, restitution, judicial or equitable relief is dne by reason of the terms of or effects
<br />arising irom this Agreement. This indemnity and hold harmless agreement applies to all claims
<br />for damages, just compensation, restitution, judicial or equitable rclief suffered, or alleged to
<br />have been suffered, by reason of the events referred to in this Section or by reason of the terms
<br />of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
<br />harmless, and pay all costs for the defense of the City, including fees and costs for special
<br />counsel to be selected by the City, regardmg any action by a third party asserting that personal
<br />injury, damages, just compensation. restitution, judicial or equitable relief due to personal or
<br />property rights arises by reason ofthc terms of, or effects arising from this Agreement. City may
<br />make all reasonable decisions with respect to its representation in any legal proceeding,
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