|
amounts of insurance shall be not less than the following: single limit coverage applying to
<br />bodily 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 and agents as additional insured(s); (b) be primary and not contributory with respect
<br />to insurance or self - insurance programs maintained by the City; and (c) contain standard
<br />separation of insureds provisions.
<br />b. Worker's Compensation Insurance. In accordance with the provisions of Section
<br />3300 of the Labor Code, ARAMARK is required to be insured against liability for worker's
<br />compensation or to undertake self - insurance. Prior to commencing the performance of the work
<br />under this Agreement, ARAMARK agrees to provide and maintain any employer's liability
<br />insurance with limits not less than $1,000,000 per accident.
<br />d. The following requirements apply to the insurance to be provided by ARAMARK
<br />pursuant to this section:
<br />(i) ARAMARK 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 Agreementand shall be approved in form by the City Attorney.
<br />(iii) Certificates shall state that the CITY will be given thirty (30) days' prior
<br />written notice of cancellation.
<br />d. If ARAMARK 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 is in force and
<br />paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this
<br />Agreement. Such termination shall not effect ARAMARK's right to be paid for its time and
<br />materials expended prior to notification of termination.
<br />6. INDEMNIFICATION
<br />ARAMARK agrees to and shall indemnify and hold harmless the CITY, its officers,
<br />agents, employees, and representatives from liability for personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief arising out of claims for bodily injury,
<br />including death, and claims for property damage, which may arise from the negligent acts,
<br />willful misconduct, or omissions of ARAMARK or its contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf in their performance of the services described
<br />in section 1 of this Agreement. However, it is expressly understood that ARAMARK shall not
<br />be responsible for damages caused by inmates nor by the acts or omissions of the CITY, its
<br />officers, agents or employees. Neither any of the CITY's officers, employees, agents, servants
<br />or contractors, nor any inmates, are or will be deemed to be agents or employees of ARAMARK
<br />and no liability is or will be incurred by ARAMARK to such persons, except for bodily injury to
<br />such persons caused by ARAMARK's negligence or intentional acts. ARAMARK further agrees
<br />to indemnify, hold harmless, and pay all costs for the defense of the CITY, regarding any action
<br />by a third party asserting that personal injury, damages, just compensation, restitution, judicial
<br />or equitable relief due to personal or property rights arises out of claims for bodily injury,
<br />
|