|
<br />
<br />
<br />
<br />
<br />
<br /> claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
<br /> employees or subcontractors.
<br />
<br /> B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
<br /> and employees, from and against any and all damages to property or injuries to or death of any person
<br /> or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
<br /> harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits,
<br /> actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
<br /> CONTRACTOR, its employees or subcontractors.
<br />
<br /> C. Both parties to this Agreement shall agree to defend, indemnify, and hold
<br /> harmless the other party, its officers, agents, employees, and volunteers, from and against all loss, cost,
<br /> and expense arising out of any liability or claim of liability, sustained or claimed to have been
<br /> sustained, arising out of activities, or the performance or nonperformance of obligations under this
<br /> Agreement, of the indemnifying party, or those of any of its officers, agents, employees, or volunteers.
<br /> The provisions of this Article do not apply to any damage or losses caused solely by the negligence of
<br /> the non-indemnifying party or any of its agents or employees.
<br />
<br /> VIII.
<br /> INSURANCE
<br />
<br /> 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force
<br /> during the term of this Agreement a policy of comprehensive commercial public liability insurance
<br /> insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
<br /> death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
<br /> less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
<br /> any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
<br /> endorsed to provide to CITY and to the State of California, Employment Development Department, at
<br /> least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
<br /> and volunteers, and the State of California, its officers, employees, and volunteers as Additional
<br /> Insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
<br /> California and CITY (in substantially the form as Exhibit I, Additional Insured Endorsement, attached
<br /> hereto). Governmental entities may substitute a certificate of self-insurance.
<br />
<br /> 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
<br /> during the effective period of this Agreement, broad form automobile liability coverage with a
<br /> $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned
<br /> automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
<br /> in the event that CITY will not utilize such owned/leased automobiles but intends to require
<br /> employees, participants or other agents to utilize their own automobiles in the performance of this
<br /> Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or
<br /> agents as self-certification of automobile insurance coverage. Governmental entities may substitute a
<br /> certificate of self-insurance.
<br />
<br /> 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
<br /> California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
<br /> California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
<br /> term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
<br /> 25E-12
<br /> Page 10 of 15
<br />
|