|
<br />REV: 03-16-18 MI
<br />ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO
<br />Page 100 of 119
<br />ARTICLE 13 4055
<br />INDEMNITY, INSURANCE, BOND, GUARANTY 4056
<br />13.01 INDEMNIFICATION 4057
<br />Contractor shall indemnify, defend, and hold harmless Agency, its officers, employees and 4058
<br />agents (collectively, the "Indemnitees"), from and against (i) any and all liability, penalty, 4059
<br />claim, demand, action, proceeding, or suit, of any and every kind and description, whether 4060
<br />judicial, quasi-judicial, or administrative in nature, (ii) any and all loss including, but not 4061
<br />limited to, injury to and death of any person and damage to property, and (iii) contribution 4062
<br />or indemnity demanded by third parties (collectively, the “Claims”), arising out of or 4063
<br />occasioned in any way by, directly or indirectly, Contractor’s performance of, or its failure 4064
<br />to perform, its obligations under this Agreement. The foregoing indemnity shall not apply 4065
<br />to the extent that a Claim is caused solely by the active negligence or intentional 4066
<br />misconduct of the Indemnitees, but shall apply if the Claim is caused by the joint 4067
<br />negligence of Contractor and other Persons, including an Indemnitee. Upon the 4068
<br />occurrence of any Claim, Contractor shall defend (with attorneys reasonably acceptable 4069
<br />to Agency) the Indemnitees. Contractor’s duty to defend and indemnify shall survive the 4070
<br />expiration or earlier termination of this Agreement. 4071
<br />13.02 INSURANCE 4072
<br />A. Types and Amounts of Coverage. Contractor shall procure from an insurance 4073
<br />company or companies admitted or authorized to do business in the State of 4074
<br />California, and shall maintain in force at all times during the Term, the following types 4075
<br />and amounts of insurance: 4076
<br />1. Workers’ Compensation and Employer’s Liability. Contractor shall maintain 4077
<br />workers’ compensation insurance covering its employees in statutory amounts and 4078
<br />otherwise in compliance with the laws of the State of California. Contractor shall 4079
<br />maintain employer’s liability insurance in an amount not less than one million 4080
<br />dollars ($1,000,000) per accident or disease. Contractor shall not be obligated to 4081
<br />carry workers compensation insurance if (i) it qualifies under California law and 4082
<br />continuously complies with all statutory obligations to self-insure against such 4083
<br />risks; (ii) furnishes a certificate of Permission to Self Insure issued by the 4084
<br />Department of Industrial Relations; and (iii) furnishes updated certificates of 4085
<br />Permission to Self Insure periodically to evidence continuous self insurance. 4086
<br />2. Comprehensive General Liability. Contractor shall maintain comprehensive 4087
<br />general liability insurance with a combined single limit of not less than ten million 4088
<br />dollars ($10,000,000) per occurrence covering all claims and all legal liability for 4089
<br />personal injury, bodily injury, death, and property damage, including the loss of 4090
<br />use thereof, arising out of, or occasioned in any way by, directly or indirectly, 4091
<br />Contractor’s performance of, or its failure to perform, services under this 4092
<br />Agreement. 4093
<br />The insurance required by this subsection shall include: 4094
<br />(i) Premises Operations (including use of owned and non-owned 4095
<br />equipment); 4096
<br />(ii) Personal Injury Liability with employment exclusion deleted; 4097
<br />6.2.B. - Page 113
|