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expenses including costs, attorney fees, expert consultant and expert witness fees <br />arising out of, pertaining to or relating to, the negligence, recklessness or willful <br />misconduct of CONSULTANT, any subconsultant, anyone employed by any of them or <br />anyone for whose acts any of them may be liable, except to the extent caused by the <br />sole negligence, active negligence or willful misconduct of the CITY. Negligence, <br />recklessness or willful misconduct of any subcontractor employed by CONSULTANT <br />shall be conclusively deemed to be the negligence, recklessness or willful misconduct of <br />CONSULTANT unless adequately corrected by CONSULTANT. The provisions of this <br />Section 5 shall survive completion of CONSULTANT'S services or the termination of this <br />Agreement. <br />6. Insurance Requirements <br />Without limiting CONSULTANT's respohsibility to defend and indemnify CITY, it <br />is agreed that CONSULTANT shall maintain in full force and effect, at all times during <br />the performance of this Agreement, the following policy or policies of insurance covering <br />its operations: <br />(a) Workers' Compensation coverage shall be at statutory limits. <br />(b) Errors and Omissions Liability in the amount of one million dollars <br />($1,000,000). City need not be named as an additional insured on professional errors <br />and omissions insurance policies. <br />All insurance policies required by this section shall not be canceled, limited or <br />non-renewed without first giving 30 days written notice to the CITY. Additionally, the <br />policy shall specifically contain language substantially similar to the following clause: <br />This insurance shall not be canceled until after thirty days written <br />notice has been given to the City of Pismo Beach. <br />Certificates of insurance evidencing the coverages required by the clauses set <br />forth above shall be filed with CITY prior to the effective date of this Agreement. This is <br />a condition precedent to the formation of any obligation by CITY to compensate <br />CONSULTANT under this agreement. <br />Ownershia Of paper and electronic Documents <br />All reports and other information as herein required are the property of the CITY, <br />whether the work for which they are made be executed or not. In the event this <br />Agreement is terminated, and at the end of the term of this Agreement, all such <br />documentation, reports, and specifications shall be delivered immediately to the CITY. <br />CONSULTANT may retain one copy of each document for CONSULTANT'S records, but <br />shall have no proprietary rights to them. CITY agrees to indemnify CONSULTANT <br />against any damages caused by the unauthorized re-use of said documents. <br />Status Of The CONSULTANT <br />The CONSULTANT shall perform the services provided for herein using <br />CONSULTANT' own methods and practices as an independent contractor and in <br />pursuit of CONSULTANT' independent calling. CONSULTANT is not an employee of <br />Page 3 of 8 PROFESSIONAL SERVICES AGREEMENT <br />