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a. Commercial General Liability Insurance. CONSULTANT agrees to obtain and keep in force <br />during the term of this Agreement a policy of commercial general liability insurance insuring the CITY and <br />CONSULTANT against any liability for accident, injury or death arising out of or related to this Agreement. <br />Such 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 liability insurance shall <br />be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation and shall name <br />the CITY as additionally insured with primary coverage. <br />b. 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 <br />liability for worker's compensation or to undertake self - insurance. CONSULTANT agrees to comply with <br />such provisions before commencing the performance of the work under this Agreement. <br />c. Sexual Abuse & Molestation Insurance Coverage. To maintain a safe environment, <br />CONSULTANT must provide proof of Sexual Abuse & Molestation insurance coverage of at least <br />$1,000,000. <br />d. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to <br />paragraph a., above: <br />1. A certificate of insurance, to be approved in form by the City Attorney, shall be furnished <br />to the City within 30 days of the execution of this Agreement. <br />2. Certificates and policies shall state that the policies shall not be canceled or reduced in <br />coverage or changed in any other material aspect without thirty (30) days prior written <br />notice to the City. <br />3. 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 <br />procured and is in force and paid for, the City shall have the right, at the City's election, to <br />forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right <br />to be paid for its time and materials expended prior to notification of termination. <br />10. TERMINATION <br />This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days <br />written notice to the other party. Notice shall be deemed served on the date of mailing. However, <br />CONSULTANT may not terminate this Agreement if undue hardship will result to any participant. <br />11. DISPUTES <br />Except as otherwise provided in this Agreement, any dispute concerning any question arising <br />under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and <br />mail or otherwise furnish a copy thereof to CONSULTANT. The decision of the CITY shall be final and <br />conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives <br />from CONSULTANT written request to appeal said decision. <br />25B -9 <br />