|
<br />bodily and personal injury, including death resulting therefrom, and property damage, in the total
<br />amount of $1,000,000 per occurrence, Consultant shall supply City with a fully executed
<br />additional insured endorsement in substantially the form attached hereto as Exhibit B upon
<br />execution of this Agreement and shall be approved in form by the City Attomey,
<br />
<br />b, Worker's Compensation Insurance, In accordance with the provisions of Section
<br />3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self-insurance, Prior to commencing
<br />the performance of the work under this Agreement, Consultant agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $1,000,000 per accident
<br />
<br />c, Professional liability (errors and omissions) insurance, with a combined single limit of
<br />not less than $1,000,000 per claim,
<br />
<br />d, The following requirements apply to the insurance to be provided by Consultant
<br />pursuant to this section:
<br />
<br />(i) Consultant shall maintain all insurance required above in full force and
<br />effect for the entire period covered by this Agreement
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of
<br />this Agreement and shall be approved in form by the City Attorney,
<br />(iii) 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 />
<br />e, If Consultant 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 forthwith
<br />terminate this Agreement Such termination shall not effect Consultant's right to be paid for its
<br />time and materials expended prior to notification of termination, Consultant waives the right to
<br />receive compensation and agrees to indemnify the City for any work performed prior to approval
<br />of insurance by the City,
<br />
<br />6. INDEMNIFICATION
<br />
<br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability: (I) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
<br />for personal injury, including health, and claims for property damage, which may arise from the
<br />direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf which relates to the services described in
<br />section I of this Agreement; and (2) from any claim that personal injury, damages,just
<br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
<br />arising from this Agreement This indemnity and hold harmless agreement applies to all claims
<br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
<br />have been suffered, by reason of the events referred to in this Section or by reason of the terms
<br />
<br />3
<br />
|