|
<br />14.
<br />
<br />Fair Employment
<br />
<br />Consultant shall not discriminate against any employee or applicant for employment because of
<br />race, color, creed, national origin, sex, age, condition of physical handicap, religion, ethnic
<br />background, or marital status, in violation of state or federal law.
<br />
<br />15.
<br />
<br />Consultant to Hold City Harmless
<br />
<br />To the extent permitted by law, Consultant hereby agrees to defend, protect, indemnify, and
<br />save harmless City, its Council, boards, commissions, officers, employees, volunteers and
<br />agents, from and against any and all claims, injury, suits, actions, liability, loss, damage,
<br />expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or
<br />description, which may be brought against, or suffered or sustained by, City, its Council, boards,
<br />commissions, officers, employees or agents arising from, caused by, or alleged to have been
<br />caused by, the negligence, intentional tortious act or omission, or willful misconduct of
<br />Consultant, its officers, employees, sub-consultants, and agents in the performance of any
<br />services or work pursuant to this Agreement
<br />
<br />The duty of Consultant to indemnify and save harmless, as set forth herein, shall include the
<br />duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that
<br />nothing herein contained shall be construed to require Consultant to indemnify City, its Council,
<br />boards, commissions, officers, employees and agents against any responsibility or liability in
<br />contravention of Section 2782 of the California Civil Code.
<br />
<br />16.
<br />
<br />Insurance Requirements
<br />
<br />Consultant shall acquire and maintain Workers' Compensation, employer's liability, commercial
<br />general liability, owned and non-owned and hired automobile liability, and professional liability (if
<br />applicable) insurance coverage relating to Consultant's services to be performed hereunder
<br />covering City's risks in form subject to the approval of the City Attorney. The minimum amounts
<br />of coverage, corresponding to the aforesaid categories of insurance per insurable event, shall
<br />be as follows:
<br />
<br />Insurance Cateaorv
<br />Workers' Compensation
<br />Employer's Liability
<br />
<br />Minimum Limits
<br />statutory minimum
<br />$1,000,000 per accident
<br />for bodily injury or disease
<br />
<br />Commercial General
<br />Liability
<br />
<br />$1,000,000 per occurrence
<br />and $2,000,000 aggregate for
<br />bodily injury, personal injury and
<br />property damage
<br />
<br />Automobile Liability
<br />
<br />$1,000,000 per accident
<br />for bodily injury and
<br />property damage (coverage
<br />required to the extent
<br />applicable to Consultant's
<br />vehicle usage in performing
<br />services hereunder)
<br />
<br />ATTY/AGR/2006.010
<br />3/10106
<br />
<br />4
<br />
|