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be primary and not contributory with respect to insurance or self - insurance programs maintained
<br />by the City; and (c) contain standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single
<br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
<br />owned, hired and non -owned automobiles.
<br />c. Worker's Compensation Insurance. in accordance with the provisions of Section 3300
<br />of the 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. Prior to commencing the
<br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any
<br />employer's liability insurance with limits not lass than $1,000,000 per accident.
<br />d. Professional liability (errors and omissions) insurance, with a combined single limit of
<br />not less than $1,000,000 per claim,
<br />e. The following requirements apply to the insurance to be provided by Consultant
<br />pursuant to this section:
<br />(i) Consultant shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this Agreement.
<br />(it) Certificates of insurance shall be ftimished to the City upon execution of
<br />this Agreement and shall be approved in form by the City Attorney.
<br />(iii) 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
<br />prior written notice to the City.
<br />f If Consultant fails or refreses 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 procured
<br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith
<br />terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
<br />time and materials expended prior to notification of termination. Consultant waives the right to
<br />receive compensation and agrees to indemnify the City for any work performed prior to approval
<br />of insurance by the City.
<br />7, INDEMNIFICATI.ON
<br />To the fullest extent permitted bylaw, Consultant shall indemnify, defend and hold
<br />harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from
<br />and against any and all olaims (including, without limitation, claims for bodily injury, death or
<br />damage to proporty), demands, obligations, damages, actions, causes of action, suits, losses,
<br />judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
<br />attorney's fees, disbursements and court costs) of every kind and nature whatsoever
<br />(individually, a claim; collectively, "claims "), which may arise from or in any mariner related
<br />, — .- --,-- - -- directl or-irtclrrectl m ,ni work-rm li ent terformedl ar- serviecs-tre lu rend roroicled °under - -- - -- -- - - --
<br />( y "" y)" 3' g.•g. fy.l o. g.,g. 3,..p
<br />this Agreement (including, without limitation, defects in workmanship and /or materials)
<br />including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals,
<br />officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed
<br />directly or indirectly by any of theta or for whose acts they may be liable for any or all of them.
<br />25C -55
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