|
6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to
<br />comply with federal requirements regarding the limitations on salary and bonus payments in
<br />accordance with Public Law 109-149, Section 7013.
<br />VII.
<br />HOLD HARMLESS
<br />A. 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 any and all claims, demands, suits, actions or
<br />proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
<br />claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
<br />employees or subcontractors.
<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 />VIII.
<br />INSURANCE
<br />1. Commercial General Liability CONTRACTOR and any Subcontractor agree to
<br />obtain and keep in force during the term of this Agreement a policy of comprehensive commercial
<br />general liability insurance insuring the State of California, CITY, and CONTRACTOR against any
<br />liability for accident, injury or death arising out of or in consequence of this Agreement. Such
<br />insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or
<br />death of any person or persons in any single accident or occurrence. Said policy of comprehensive
<br />public liability insurance shall be endorsed to provide to CITY and to the State of California,
<br />Employment Development Department, at least thirty (30) days written notice prior to cancellation;
<br />name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers,
<br />employees, and volunteers as additional insured; and state that such coverage is primary to any other
<br />coverage or self-insurance of the State of California and CITY (see Exhibit I , Additional Insured
<br />Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance.
<br />Any subcontractor to CONTRACTOR shall comply with these Insurance Provisions and provide the
<br />comprehensive commercial general liability insurance coverage as well as the Additional Insured
<br />Endorsement naming the CITY as additionally insured.
<br />2. Automobile Liability Coverage CONTRACTOR and any subcontractors shall also
<br />obtain and maintain, during the effective period of this Agreement, broad form automobile liability
<br />coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and
<br />non -owned automobiles used by CONTRACTOR employees or participants in performance of this
<br />Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to
<br />require employees, participants or other agents to utilize their own automobiles in the performance of
<br />Page 10 of 15
<br />
|