|
<br />
<br />
<br /> b. Business automobile liability insurance, or equivalent form, with a combined single
<br /> limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage
<br /> for owned, hired and non-owned automobiles.
<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 /> d. Consultant shall provide professional liability (errors and omissions) insurance
<br /> covering such personnel's services, with a combined single limit of not less than $1,000,000 per
<br /> claim.
<br /> e. The following requirements apply to the insurance to be provided by Consultant
<br /> 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 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 /> f. If Consultant fails or refuses to produce or maintain the insurance required by this
<br /> section or fails or refuses to furnish 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 effect Consultant's right to be paid for its
<br /> time and materials expended prior to notification oftermination. 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 /> 8. INDEMNIFICATION
<br /> Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers,
<br /> agents, employees, consultants, special counsel, and representatives from liability: (1) for
<br /> personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
<br /> claims for personal injury, including death, and claims for property damage, which may arise
<br /> from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
<br /> employees, or other persons acting on their behalf which relates to the services described in
<br /> section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
<br /> compensation, restitution, judicial or equitable relief is due by reason of effects arising from this
<br /> Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
<br /> defense of the City, including fees and costs for special counsel to be selected by the City,
<br /> regarding any action by a third party asserting that personal injury, damages, just compensation,
<br /> restitution, judicial or equitable relief due to personal or property rights arises by reason of effects
<br /> arising from this Agreement. City may make all reasonable decisions with respect to its
<br /> representation in any legal proceeding.
<br /> 25D-5
<br />
|