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5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Provider shall maintain and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a, Commercial General Liability Insurance. Provider shall maintain commercial general
<br />liability insurance which shall include, but not be limited to protection against claims arising from
<br />bodily and personal injury, including death resulting therefrom and damage to property, resulting
<br />from any act or occurrence arising out of Provider's operations in the performance of this
<br />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,
<br />including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
<br />occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers,
<br />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)
<br />contain standard separation of insured's provisions.
<br />b. Worker's Compensation Insurance, In accordance with the provisions of Section 3300 of
<br />the Labor Code, Provider, if Provider has any employees, is required to be insured against liability
<br />for worker's compensation or to undertake self-insurance. Prior to commencing the performance of
<br />the work under this Agreement, Provider agrees to obtain and maintain any employer's liability
<br />insurance with limits not less than $1,000,000 per accident,
<br />c. The following requirements apply to the insurance to be provided by Provider pursuant to
<br />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 Attorney.
<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 section
<br />or fails or refuses to furnish the City with required proof that insurance has been procured and is in
<br />force and, paid for, the City shall have the right, at the City's election, to forthwith 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. INDEMNIFICATION
<br />Provider agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, Providers, special counsel, and representatives from liability for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including health, and claims for property damage, which may arise from the direct or
<br />indirect operations of the Provider or its contractors, subcontractors, agents, employees, or other
<br />persons acting on their behalf which relates to the services described in section 1 of this Agreement.
<br />The Provider 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
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