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<br />Ap~ 06 2007 10:27AM Santa Ana Fire Department 714-647-5751 <br /> <br />p.4 <br /> <br />~. <br /> <br />ll. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage <br />to property, resulting from any ad or occurrence arising out ofConsuhant's operations in the <br />perfonnance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to <br />bodily and penonal injury, inoluding death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence. Consultant shall supply City with a fully eltecuted <br />additional insured endorsement in substantially the form attached hereto as Exhibit C upon <br />. execution of this Agreement and shall be approved io form by the City Attorney. <br /> <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />.3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured <br />against liability for worker's compensation or to undertake seIf-illSW'llllce. Prior to conuncncing <br />the performance of the work undm this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br /> <br />c. The following requirements apply to the insurance to be provided by Consultant <br />. puISUllIl.t to this section: <br /> <br />.--.../ <br /> <br />(i) Consultant shall maintain all insurance required above in full fo~ and <br />efl'e<< for the entire period covered by this Agreement. <br />(ii) Certificates .of inlJllfal\Ce 9hall be furnished to the City upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <br />(iii) Certificala3 and policies shall state that the policies shan not be csnceled or <br />reduced in coverage or changed in any other material aspect without thirty <br />(30) da}'ll prior written notice to the City. <br /> <br />d. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to fumiBh the City with required proof that insurance has been procured <br />.and is in force and paid for, tho City shall have the right, at the City's olection, to forthwith <br />tmninalC this Agreement. Such termination shall not effect Consultant's Tight to be peid for its <br />time and materials expended prior to notification of termination. Consultant waives the right to <br />receivo compensation and aarees to indemni1Y the City for any worle: performed prior to upproval <br />of insurance by the City. <br /> <br />7. INDEMNIFICATION <br /> <br />Consultant agrees to and !!hall indemnify and hold harmless the City, its officers., 118ents, <br />. employees, ~ultants, special co\ll1sel, and represel1tatives lrom liability for personal injury, <br />damages, just compcnsatiOl1, restitution, judicial or equitable rellef arising out of olaims for <br />personal injury, including health, and claims for property damage, which may arise from the <br />negligent operations of the Consultant or its contractors, IUlxontrlK;torlI, agents, employees, or <br />ather persons acting on their behalf which relates to the iIElrvices described in section 1 ohhis <br />Agreemllllt. <br /> <br />'~ <br />