|
Million Dollars ($1,000,000.00), and One Million Dollars ($1,000,000.00) products and completed
<br />operations.
<br />(b) Workers' Compensation Insurance. A policy of workers' compensation insurance in such
<br />amount as will fully comply with the laws of the State of California and which shall indemnify, insure and
<br />provide legal defense for both BB&K and City against any loss, claim or damage arising from any injuries
<br />or occupational diseases occurring to any worker employed by or any persons retained by the Contractor
<br />in the course of carrying out the work or services contemplated in this Agreement.
<br />(c) Automobile Insurance. A policy of comprehensive automobile liability insurance written
<br />on a per occurrence basis in an amount not less than a combined single limit liability of One Million
<br />Dollars ($1,000,000.00). Said policy shall include coverage for owner, non-owner, leased and hired cars.
<br />(d) Errors and Omissions Insurance. A policy of professional liability issuance written on
<br />a claims made basis in an amount not less than Three Million Dollars ($3,000,000.00).
<br />Except for the policy of professional liability insurance, all of the above policies of insurance shall
<br />be primary insurance and shall name City, its officers, employees and agents as additionally insured.
<br />Except for the policy of professional liability insurance, the insurer shall waive all rights of subrogation
<br />and contribution it may have against the City, its officers, employees and agents and their respective
<br />insurers. Except for the policy of professional liability insurance, all of said policies of insurance shall
<br />provide that said insurance may not be amended or canceled without providing thirty (30) days prior
<br />written notice by registered mail to the City. In the event any of said policies of insurance are cancelled,
<br />the attorney shall, prior to the cancellation date, submit new evidence of insurance in conformance with
<br />this Section to the City. Failure to do so is cause for termination.
<br />12. INDEMNIFICATION
<br />A. BB&K agrees to indemnify City, its officers, employees and agents against, and will hold
<br />and save each of them harmless from, any and all actions, suits, claims, damages to persons or property,
<br />losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that
<br />may be asserted or claimed by any person, firm or entity arising out of or in connection with the work,
<br />operations or activities of BB&K, its agents, employees, subcontractors, or invitees, provided for herein
<br />or arising from the acts or omissions of BB&K hereunder, or arising from BB&K's performance of or
<br />failure to perform any term, provision, covenant or condition of this Agreement, except to the extent
<br />such claims or liabilities arise from the negligence or willful misconduct of City, its officers, agents or
<br />employees.
<br />B. City acknowledges BB&K is being appointed as City Attorney pursuant to the authority of
<br />Government Code Section 36505, and has the authority of that office. Accordingly, the City is
<br />responsible pursuant to Government Code Section 825 for providing a defense for the City Attorney for
<br />actions within the scope of its engagement hereunder. Therefore, City agrees to undertake its
<br />statutory duty and indemnify BB&K, its officers, employees and agents against and will hold and save
<br />each of them harmless from, any and all claims or liabilities that may be asserted or claims by any
<br />person, firm or entity arising out of or in connection with the work, operations or activities of BB&K
<br />within the course and scope of its performance hereunder, but nothing herein shall require City to
<br />indemnify BB&K for liability arising from its own negligence or alleged negligence. In connection
<br />herewith:
<br />(i) City will promptly provide a defense and pay any judgment rendered
<br />against the City, its officers, agency or employees for any such claims or liabilities arising out of or in
<br />connection with such work, operations or activities of City hereunder;
<br />6
|