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<br /> <br /> <br /> <br /> <br /> Consultant performs the services which are the subject matter of this Agreement; however, the <br /> services to be provided by Consultant shall be provided in a manner consistent with all applicable <br /> standards and regulations governing such services. Consultant shall pay all salaries and wages, <br /> employer's social security taxes, unemployment insurance and similar taxes relating to employees <br /> and shall be responsible for all applicable withholding taxes. <br /> <br /> 7. INSURANCE <br /> <br /> Prior to undertaking performance of work under this contract, Consultant shall maintain <br /> and shall require its subconsultants, if any, to obtain and maintain insurance as described below: <br /> 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 there from and damage to <br /> property, to the extent resulting from the negligent or wrongful acts of Consultant 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 One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in <br /> the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, <br /> volunteers, and representatives as additional insured(s); (b) be primary and not contributory with <br /> respect to insurance or self-insurance programs maintained by the City; and (c) contain standard <br /> separation of insureds provisions. <br /> b. Business automobile liability insurance, or equivalent form, with a combined single <br /> limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall <br /> include coverage for owned, hired and nonowned automobiles. <br /> <br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section <br /> 3300 of the Labor Code, Consultant is required to be insured against liability for Workers' <br /> Compensation or to undertake self-insurance. Prior to commencing the performance of the work <br /> under this contract, Consultant agrees to obtain and maintain any employer's liability insurance <br /> with limits not less than One Million Dollars ($1,000,000) per accident. <br /> d. Professional liability (errors and omissions) insurance, with a combined single limit <br /> of not less than One Million Dollars ($1,000,000) per claim. <br /> <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 contract and shall be approved in form by the City Attorney. <br /> iii. Certificates and policies shall state that the policies shall not be cancelled <br /> or reduced in coverage or changed in any other material aspect without <br /> thirty (30) days prior written notice to the City. <br /> £ 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 contract. Such termination shall not affect Consultant's right to be paid for its time <br /> <br /> <br /> 20C-5 <br />