|
<br />
<br />
<br /> limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
<br /> owned, hired and non-owned automobiles.
<br /> c. Worker's Compensation Insurance. 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 commencing the
<br /> performance of the work under 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 /> d. Professional liability (errors and omissions) insurance, with a combined single limit of
<br /> not less than $1,000,000 per claim.
<br /> e. The following requirements apply to the insurance to be provided by Consultant
<br /> pursuant to this section:
<br /> (i) Consultant shall maintain all insurance required above in full force and effect
<br /> for the 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 canceled or
<br /> reduced in coverage or changed in any other material aspect without thirty (30)
<br /> days prior written notice to the City.
<br /> f. If Consultant fails or refuses to produce or maintain the insurance required by this
<br /> section or fails or refuses to furnish the City with required proof that insurance has been procured
<br /> and is in force and paid for, the City shall have the right, at the City's election, to forthwith
<br /> terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
<br /> time and materials expended prior to notification of termination. Consultant waives the right to
<br /> receive compensation and agrees to indemnify the City for any work performed prior to approval
<br /> of insurance by the City.
<br /> 7. INDEMNIFICATION
<br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br /> employees, consultants, special counsel, and representatives from liability: (1) for personal
<br /> injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
<br /> for personal injury, including health, and claims for property damage, which may arise due to
<br /> negligent acts, omissions or willful misconduct in the performance, from the direct or indirect
<br /> operations of the Consultant or its contractors, subcontractors, agents, employees, or other
<br /> persons acting on their behalf which relates to the services described in section 1 of this
<br /> Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br /> judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts,
<br /> omissions or willful misconduct in the performance of this Agreement. The Consultant further
<br /> agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees
<br /> and costs for special counsel to be selected by the City, regarding any action by a third party
<br /> asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
<br /> 3
<br />
|