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A. Commercial General Liability Insurance. Provider shall maintain commercial
<br />general liability insurance which shall include, but not be limited to protection against claims
<br />arising fronh bodily and personal injury, including death resulting therefrom and damage to
<br />property, resulting from any act or occurrence arising out of Provider's operations in the
<br />performance of this Agreement, including, without limitation, acts involving vehicles. The amounts
<br />of insurance shall be not less than the following; single limit coverage applying to bodily and
<br />personal injury, including death resulting therefrom, and property damage, in the total amount of
<br />$2,000,000 per occurrence and $4,000,000 in the aggregate, including coverage of sexual
<br />molestation with limits not less than $250,000 per occurrence and $500,000 general aggregate,
<br />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 California State law,
<br />Provider is required to be insured against liability for worker's compensation or to undertake self-
<br />insurance. Prior to commencing the performance of the work under this Agreement, Provider
<br />agrees to obtain and maintain any employer's liability insurance with limits not less than
<br />$1,000,000 per accident.
<br />C, The following requirements apply to the insurance to be provided by Provider
<br />pursuant to 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.
<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
<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 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. INDEMNIFICA.TION
<br />Provider agrees to and shall defend, indemnify and hold harmless the City, its officers,
<br />agents, employees, attorneys, volunteers, representatives, successors, and assigns from and against
<br />any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
<br />expenses, judgments, penalties, liens, or losses of any nature whatsoever, including costs and
<br />attorney's fees, and the payment of all consequential damages, whether actual, alleged, or
<br />throateaed, that arise out of, pertain to, or relate to the acts or omissions of Provider, its officers,
<br />subcontractors, agents, employees, or other persons acting on Provider's behalf in the performance
<br />of this Agreement, Provider further agrees to indemnify, hold harmless, and pay all costs for the
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