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a. Commercial General Liability Insurance. Provider shall maintain commercial general liability <br />insurance which shall include, but not be limited to protection against claims arising from bodily and <br />personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Provider'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 following: single <br />limit coverage applying to bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its <br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and <br />not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) <br />contain standard separation of insureds provisions. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br />Labor Code, Provider, if Provider 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, Provider agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $1,000,000 per accident. <br />section: <br />c. The following requirements apply to the insurance to be provided by Provider pursuant to this <br />(i) Provider shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. Certificates of <br />insurance shall be famished to the City upon execution of this Agreement <br />and shall be approved in form by the City Attorney. <br />(ii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />d. If Provider 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 and <br />paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such <br />termination shall not effect Provider's right to be paid for its time and materials expended prior to <br />notification of termination. Provider waives the right to receive compensation and agrees to indemnify <br />the City for any work performed prior to approval of insurance by the City. <br />6. INDEMNIFICATION <br />Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, <br />consultants, special counsel, and representatives from liability for personal injury, damages, just <br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including <br />health, and claims for property damage, which may arise from the direct or indirect operations of the <br />Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf <br />which relates to the services described in section 1 of this Agreement. The Provider further agrees to <br />indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for <br />special counsel to be selected by the City, regarding any action by a third party asserting that personal <br />injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property <br />rights arises by reason of the terms of, or effects arising from this Agreement. City may make all <br />reasonable decisions with respect to its representation in any legal proceeding. <br />2 <br />