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a. Commercial General Liability Insurance. Consultant shall maintain <br />commercial general liability insurance which shall include, but not be limited to <br />protection against claims arising from bodily and personal injury, including death <br />resulting therefrom and damage to property, resulting from any act or occurrence arising <br />out of Consultant's operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, including death <br />resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its <br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br />primary with respect to insurance or self-insurance programs maintained by the City; and <br />(c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $2,000,000 combined single limit. Such insurance shall <br />include coverage for owned, hired and non-owned automobiles. <br />c. Worker's Compensation insurance. In accordance with the provisions of <br />Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required <br />to be insured against liability for worker's compensation or to undertake self-insurance. <br />Prior to commencing the performance of the work under this Agreement, Consultant <br />agrees to obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br />d. Professional liability (errors and omissions) insurance, with a combined single <br />limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. <br />e. The following requirements apply to the insurance to be provided by <br />Consultant pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force and <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 form by the City Attorney. <br />(iii)Certificates and policies shall state that the policies shall not be cancelled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />f. If Consultant fails or refuses to produce or maintain the insurance required by <br />this section or fails or refuses to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination shall not effect <br />Consultant's right to be paid for its time and materials expended prior to notification of <br />termination. Consultant waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the City. <br />25E-8