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5. INSURANCE Prior to undertaking performance of work under this AGREEMENT, VENDOR shall maintain and shall require its subcontractors, if any, to obtain ane maintain insurance as described below: a. Commercial . General Liability Insurance. VENDOR shall maintain cornmercial general liability insurance naming CITY, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but net be. limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of VENDOR's operations in the performance of this AGREEMENT, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: shigle limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. VENDOR shall supply CITY with a fully executed additional insured endorsement upon execution of this AGREEMENT, b. Worker's Compensation Insurance. Inaccordanee with die provisions of Section 3300 of the Labor Code, VENDOR, if VENDOR has any employees, is required to be insured against Liability for worker's compensation or to undertake serf -insurance. Prior to commencing the performance of the work under this AGREEMENT, VENDOR agrees to obtain and maintain any employer's liability insurance with limits not less than. $1,000,000 per accident. e. The following requirements apply to the insurance to be provided by VENDOR pursuant to this section: (i) VENDOR shall maintain all insurance required above in full force and effect for the entire period covered by this AGREEMENT. (ii) Certificates of insurance shall be furnished to CITY upon execution of this AGREEMENT naming CITY as a Certificate holder. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to CITY. d. If VENDOR fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish CITY with required proof :hat insurance has been procured and is in force and paid for, CITY shall have the right, at tate CITY's election, to forthwith terminate this AGREEMENT, Such termination shall not affect VENDOR's right to be paid for its time and materials expended prior to notification of termination. VENDOR waives the right to receive compensation and agrees to indemnify CITY to: any work perfortued prior to approval of insurance by CITY. 3