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be not less than the following: single limit coverage applying to bodily and personal injury, including
<br />death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such
<br />insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as
<br />additional insured(s); (b) be primary and not-contributory with respect to insurance or self-insurance
<br />programs maintained by the City; and (c) contain standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit
<br />of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned,
<br />hired and non-owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of
<br />the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
<br />worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work
<br />under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
<br />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 pursuant
<br />to this section:
<br />(i) Consultant shall maintain all insurance required above in full force and effect for the
<br />entire period covered by this agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement
<br />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 reduced in
<br />coverage or changed in any other material aspect without thirty (30) days prior written
<br />notice to the City.
<br />f. If Consultant fails or refuses to produce or maintain the insurance required by this section
<br />or fails or refuses to furnish the City with required proof that insurance has been procured and is in force
<br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement.
<br />Such termination shall not affect Consultant's right to be paid for its time and materials expended prior
<br />to notification of 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 />9. 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, damages,
<br />just compensation, restitution, judicial or equitable relief caused by the negligent acts, omissions or
<br />willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other
<br />persons acting on its behalf, arising out of the performance of this Agreement, except to the extent caused
<br />by the sole negligence, active negligence or intentional misconduct of the City or any other indemnified
<br />party. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the
<br />City, including fees and costs for special counsel to be selected by the City, asserting that personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief due to personal or property rights
<br />arises by reason of the negligent acts or willful misconduct of the Consultant, its contractors,
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<br />25D-8
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