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insured(s) and shall include, but not be limited to protection against claims arising from bodily and <br />personal injury, including death resulting there from and damage to property, resulting from any covered <br />act or occurrence arising out of Consultant's operations in the performance of this Agreement. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily and <br />personal injury, including death resulting there from, and property damage, in the total amount of <br />$1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured <br />endorsement to be approved in form by the City Attorney. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br />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 <br />work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance <br />with limits not less than $1,000,000 per accident. <br />c. Business automobile liability insurance, or equivalent form, with a combined single limit of <br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and <br />non-owned automobiles. <br />d. Professional Liability Insurance. 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 less <br />than $2,000,000 annual aggregate. <br />e. The following requirements apply to the insurance to be provided by Consultant pursuant to <br />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 without thirty <br />(30) days prior written notice to the City. Ten (10) days notice if cancellation is due to <br />non-payment of premium. <br />f. If Consultant fails or refuses to produce or maintain the insurance required by this section or <br />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 />7. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, and special counsel from liability for personal injury, damages or just compensation, <br />restitution. judicial or equitable relief arising out of claims for personal injury, including death, and <br />claims for property damage, to the extent they arise from the negligent or willful misconduct in the <br />performance of operations or errors or omissions of the Consultant or its contractors, subcontractors, <br />agents, employees, or other persons acting on their behalf which relates to the services described in <br />section I of this Agreement. City may make all reasonable decisions with respect to its representation in <br />any legal proceeding. <br />25A-5