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a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, agents, volunteers, and employees as <br />additional insured(s) and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting there from and damage to property, <br />resulting from any covered act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement. The amounts of insurance shall be not less than the following: <br />single limit coverage applying to bodily and personal injury, including death resulting there <br />from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall <br />supply City with a fully executed additional insured endorsement to be approved in form by the <br />City Attorney. <br />b. 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 />c. Professional Liability Insurance. If Consultant is or employs a licensed professional <br />such as an architect or engineer, Consultant shall provide professional liability (errors and <br />omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and not <br />less than $2,000,000 annual aggregate. <br />d. 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 for <br />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 without <br />thirty (30) days prior written notice to the City and ten (10) days notice if <br />cancellation is due to non - payment of premium. <br />e. 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 for personal injury, <br />Page 3 of 11 <br />