|
(d) . Workers ' Compensation Policy: CONTRACTOR shall maintain
<br /> in full force and effect during the term of this Agreement, a
<br /> workers ' compensation policy in accordance with the provisions and
<br /> requirements of the Labor Code of the State of California and such
<br /> other forms of insurance as shall be required by law. The policy
<br /> providing coverage shall provide that the insurance shall not be
<br /> suspended, voided, canceled, or reduced in coverage or in limits
<br /> except after thirty (30) days prior written notice by certified
<br /> mail has been given to the CITY.
<br /> (e) . Public Liability Insurance: CONTRACTOR shall obtain, at
<br /> its sole cost, and file with the City Clerk of CITY, prior to
<br /> exercising any right or performing any obligation pursuant to this
<br /> Agreement, and maintain for the period covered by this Agreement,
<br /> a policy or policies of liability insurance, or certificate of
<br /> insurance, satisfactory to the City Attorney of CITY, naming CITY,
<br /> its officers, agents and employees, as insured or additional
<br /> insured, which provides coverage for liability for any and all
<br /> claims and suits for damages or injuries to persons or property
<br /> resulting from or arising out of the performance by CONTRACTOR its
<br /> officers, agents, or employees, or by CITY, its officers, agents,
<br /> or employees pursuant to Section 1 of this Agreement, of
<br /> CONTRACTOR'S covenants hereunder, or any failure or omission
<br /> thereof.
<br /> Said policy or policies of insurance shall provide coverage
<br /> for both bodily injury and property damage in not less that the
<br /> following minimum amount: Ten Million Dollars ($10, 000, 000)
<br /> combined single limit. Said insurance shall protect CONTRACTOR and
<br /> CITY from any claim for damages for bodily injury, including
<br /> accidental death, as well as from any claim for property damage
<br /> which may arise from operations performed pursuant to this
<br /> Agreement, whether such operations be by CONTRACTOR itself, or by
<br /> its agents, employees, and/or subcontractors. Said policy shall
<br /> also contain a provision that no termination, cancellation or
<br /> change of coverage of insured or additional insured shall be
<br /> effective until after thirty (30) days prior written notice by
<br /> certified mail thereof has been given to CITY. CONTRACTOR shall
<br /> give CITY prompt and timely notice of any claim made or suit
<br /> instituted.
<br /> (f) . Indemnification: CONTRACTOR shall indemnify and save
<br /> harmless CITY, its officers and employees, against any and all
<br /> damages to property or injuries to or death of any person or
<br /> persons, including property and employees or agents of CITY and
<br /> shall defend, indemnify and save harmless CITY, its officers and
<br /> employees, from any and all claims, demands, suits, actions or
<br /> proceeding of any kind or nature, including, but not by way of
<br /> limitation, workers ' compensation claims, of or by anyone
<br /> whomsoever, directly or indirectly caused by, or arising out of a
<br /> breach of a requirement of this Agreement by the CONTRACTOR or any
<br /> negligent or willful act or omission of CONTRACTOR or any negligent
<br /> or willful act or omission of the CONTRACTOR its employees or
<br /> 34
<br />
|