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5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, DSC shall maintain and shall
<br />require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. DSC shall maintain commercial general liability
<br />insurance which shall include, but not be limited to protection against claims arising from bodily and
<br />personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of DSC's operations in the performance of this Agreement, including, without
<br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single
<br />limit coverage applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its
<br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and
<br />not 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 3700 of the
<br />Labor Code, Consultant, if DSC has any employees, 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 under
<br />this Agreement, DSC agrees to obtain and maintain any employer's liability insurance with limits not less
<br />than $1,000,000 per accident.
<br />c. The following requirements apply to the insurance to be provided by Consultant pursuant to
<br />this section:
<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) days prior written
<br />notice to the City.
<br />(iv.) Certificates and renewals shall be sent to Christy Kindig.
<br />f If DSC fails or refuses to produce or maintain the insurance required by this section or fails or
<br />refuses to furnish the City with required proof that insurance has been procured and is in force and paid
<br />for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
<br />termination shall not effect DSC's right to be paid for its time and materials expended prior to notification
<br />of termination. DSC waives the right to receive compensation and agrees to indemnify the City for any
<br />work performed prior to approval of insurance by the City.
<br />6. INDEMNIFICATION
<br />DSC agrees to and shall indemnify and hold harmless the City, its officers, agents, employees,
<br />consultants, special counsel, and representatives from liability (1) for personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including
<br />death, and claims for property damage, which may arise from the direct or indirect operations of DSC or
<br />its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to
<br />the services described in this Agreement; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising
<br />from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
<br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason
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