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Professional Services Agreement with ORS Corporation
<br />December 16, 2014
<br />Page 3 of 7
<br />a, Commercial General Liability Insurance. Consultant shall maintain commercial general
<br />liability insurance which shall. include, but not be limited to protection against claims arising
<br />from bodily and personal injury, including death resulting therefrom and damage to property,
<br />resulting from any act or occurrence arising out of Consultant's operations in the performance
<br />of this Agreement, including, without limitation, ante involving vehicles. The amounts of
<br />insurance shall be not less than the following: single limit coverage applying to bodily and
<br />personal injury, including death resulting thereftroin, and property damage, in the total amount
<br />of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City,
<br />its officers, employees, agents, volunteers and representatives as additional Insured(s); (b) be
<br />primary and not contributory with respect to insurance or self-insurance programs maintained
<br />by the City; and (o) contain standard separation of insured's provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,
<br />hired and non -owned automobiles,
<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br />Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and inaintain any
<br />employer's liability insurance with limits. not less than $1,000,000 per accident,
<br />d. Professional liability (errors and omissions) insurance, with a combined single limit of not
<br />less than $1,000,000 per claim.
<br />e, The following requirements apply to the insurance to be provided by Consultant pursuant to
<br />this section;
<br />i. Contractor shall maintain all insurance required above in frill force and effect for the
<br />entire period covered by this Agreement,
<br />ii. Certificates 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 />iii. Certificates and policies shall state that the policies shall not be cancelled or reduced
<br />in coverage or changed in any other material aspect without thirty (30) days prior
<br />written notice to the City.
<br />If Contractor fails or refuses to produce or maintain the insurance required by this section or
<br />fails or refuses to furnish the City with required proof that insurance has been procured and is
<br />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 affect Contractor's right to be paid for
<br />its time and materials expended prior to notification of termination. Contractor waives the
<br />right to receive compensation and agrees to indemnify the City for any work performed prior
<br />to approval of insurance by the City.
<br />8. INDEIVI 1IMCATION
<br />To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
<br />City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and
<br />all claims (including, without limitation, claims for bodily injury, death or damage to ,property), demands,
<br />25F-9
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