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6. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its
<br />subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance
<br />which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in
<br />the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall
<br />be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting
<br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the
<br />City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not
<br />contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard
<br />separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than
<br />$1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code,
<br />Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to
<br />undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to
<br />obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident.
<br />d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section:
<br />(i) Contractor shall maintain all insurance required above in full force and effect for the entire period
<br />covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall
<br />be approved in form by the City Attorney.
<br />(iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage
<br />or changed in any other material aspect without thirty (30) days prior written notice to the City.
<br />e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to
<br />furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the
<br />right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to
<br />be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive
<br />compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City.
<br />INDEMNIFICATION
<br />Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors,
<br />special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial
<br />or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may
<br />arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other
<br />persons acting on their behalf which relates to the services provided by Contractor under this Agreement; and (2) from any
<br />claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by effects arising
<br />from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the
<br />City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting
<br />that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights
<br />arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with
<br />respect to its representation in any legal proceeding.
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