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<br /> <br /> <br /> <br /> <br /> <br /> <br /> amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed <br /> additional insured endorsement in substantially the form attached hereto as Exhibit B upon <br /> execution of this Agreement and shall be approved in form by the City Attorney. <br /> b. Business automobile liability insurance, or equivalent form, with a combined single <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 /> <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 /> <br /> d. Professional liability (errors and omissions) insurance, with a combined single limit of <br /> not less than $1,000,000 per claim. <br /> <br /> e. The following requirements apply to the insurance to be provided by Consultant <br /> pursuant to this section: <br /> <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 ftimished 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 (3U) <br /> days prior written notice to the City. <br /> £ If Consultant fails or refuses to produce or maintain the insurance required by this <br /> section or fails or refuses to Rimish 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 affect 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 /> <br /> 7. INDEMNIFICATION <br /> <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, from the direct or indirect operations of the <br /> Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their <br /> behalf which relates to the services described in section 1 of this Agreement; and (2) fiom any <br /> claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is <br /> <br /> 3 <br /> <br /> 25G-5 <br />