|
a. Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance which shall include, but not be limited to protection against claims
<br />arising from bodily and personal injury, including death resulting therefrom and damage to
<br />property, resulting from any act or occurrence arising out of Consultant's operations in the
<br />performance of this Agreement, including, without limitation, acts involving vehicles. The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily
<br />and personal injury, including death resulting therefrom, and property damage, in the total
<br />amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
<br />employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not
<br />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
<br />of the Labor Code, Provider, if Provider 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, Provider agrees to obtain and maintain an
<br />y
<br />employer's liability insurance with limits not less than $1,000,000 per accident.
<br />c. The following requirements apply to the insurance to be provided by Provider pursuant
<br />to this section:
<br />(i) Provider 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 />d. If Provider 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 Provider's right to be paid for its
<br />time and materials expended prior to notification of termination. Provider 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 />6. INDEMNIFICATION
<br />Provider 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,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise from the direct
<br />or indirect operations of the Provider or its contractors, subcontractors, agents, employees, or
<br />other persons acting on their behalf which relates to the services described in section 1 of this
<br />Agreement. The Provider 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 the
<br />terms of, or effects arising from this Agreement. City may make all reasonable decisions with
<br />respect to its representation in any legal proceeding.
<br />
|