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<br /> b. Business automobile liability insurance, or equivalent form, with a combined single limit of
<br /> not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired
<br /> and non-owned automobiles.
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<br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br /> Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
<br /> worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work
<br /> under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
<br /> limits not less than $1,000,000 per accident.
<br /> d. Professional liability (errors and omissions) insurance, with a combined single limit of not
<br /> less than $1,000,000 per claim, and $2,000,000 in the aggregate.
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<br /> e. The following requirements apply to the insurance to be provided by Consultant pursuant to
<br /> this section:
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<br /> (i) Consultant shall maintain all insurance required above in full force and effect for
<br /> the entire period covered by this Agreement.
<br /> (ii) Certificates of insurance shall be furnished to the City upon execution of this
<br /> 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 or
<br /> reduced in coverage or changed in any other material aspect without thirty (30)
<br /> days prior written notice to the City.
<br /> f. If Consultant fails or refuses to produce or maintain the insurance required by this section or
<br /> fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
<br /> paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
<br /> termination shall not effect Consultant's right to be paid for its time and materials expended prior to
<br /> notification of termination. Consultant waives the right to receive compensation and agrees to indemnify
<br /> the City for any work performed prior to approval of insurance by the City.
<br /> 8. INDEMNIFICATION
<br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br /> employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
<br /> damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br /> injury, including health, and claims for property damage, which may arise from the negligence,
<br /> recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees,
<br /> or other persons acting on their behalf which relates to the services described in section 1 of this
<br /> Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial
<br /> or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant
<br /> arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
<br /> for the 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 terms of,
<br /> or effects arising from this Agreement. City may make all reasonable decisions with respect to its
<br /> representation in any legal proceeding.
<br /> 9. CONFIDENTIALITY
<br /> If Consultant receives from the City information which due to the nature of such information is
<br /> reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
<br /> disclose such information except in the performance of this Agreement, and further agrees to exercise the
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<br /> 25B-5
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