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5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Provider shall maintain commercial general <br />liability insurance which shall include, but not be limited to protection against claims arising from <br />bodily and personal injury, including death resulting therefrom and damage to property, resulting <br />from any act or occurrence arising out of Provider's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall <br />be not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s); (b) be primary and not contributory with respect to <br />insurance or self-insurance programs maintained by the City; and (c) contain standard separation of <br />insured's provisions. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of <br />the Labor Code, Provider, if Provider has any employees, is required to be insured against liability <br />for worker's compensation or to undertake self-insurance. Prior to commencing the performance of <br />the work under this Agreement, Provider agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />c. The following requirements apply to the insurance to be provided by Provider pursuant to <br />this section: <br />(i) Provider shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. Certificates <br />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 />(ii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />d. If Provider fails or refuses to produce or maintain the insurance required by this section <br />or fails or refuses to furnish the City with required proof that insurance has been procured and is in <br />force and paid for, the City shall have the right, at the City's election, to forthwith terminate this <br />Agreement. Such termination shall not affect Provider's right to be paid for its time and materials <br />expended prior to notification of termination. Provider waives the right to receive compensation <br />and agrees to indemnify the City for any work performed prior to approval of insurance by the City. <br />6. INDEMNIFICATION <br />Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, Providers, special counsel, and representatives from liability for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal <br />injury, including health, and claims for property damage, which may arise from the direct or <br />indirect operations of the Provider or its contractors, subcontractors, agents, employees, or other <br />persons acting on their behalf which relates to the services described in section 1 of this Agreement. <br />2 <br />