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6.J. - Page 5 of 7 <br />9. The Contractor shall provide all Crossing Guards with apparel by which they are readily <br />visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all <br />persons performing the duties of Crossing Guards and shall be worn at all times while <br />performing said duties. This apparel must be appropriate for weather conditions. The <br />Contractor shall also provide all Crossing Guards with hand held Stop signs and any <br />other safety equipment which may be necessary. <br />10. The Contractor shall at all times provide workers' compensation insurance covering its <br />employees and shall provide and maintain liability insurance for Crossing Guard <br />activities. The Contractor will provide to the City a Certificate of Insurance naming the <br />City and its officials, officers and employees as additional insureds. Such insurance shall <br />include commercial general liability with a combined single limit of not less than <br />$1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. <br />Such insurance shall be primary with respect to any insurance maintained by the City and <br />shall not call on the City's insurance contributions. Such insurance shall be endorsed for <br />contractual liability and personal injury and shall include the City, its officers, agents and <br />interest of the City. Such insurance shall not be canceled, reduced in coverage or limits <br />or non -renewed except after thirty (30) days written notice has been given to the City. <br />11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, <br />employees, agents and representatives, from and against any and all actions, claims for <br />damages to persons or property, penalties, obligations or liabilities (each a "Claim" and <br />collectively, the "Claims") that may be asserted or claimed by any person, firm, entity, <br />corporation, political subdivision or other organization arising out of the negligent acts or <br />omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, <br />representatives or invitees. <br />a) Contractor will defend any action or actions filed in connection with any of said <br />claims, damages, penalties, obligations or liabilities and will pay all costs and <br />expenses including attorney's fees incurred in connection herewith. <br />b) Contractor will promptly pay any judgment rendered against the City, its officers, <br />agents or employees for any such claims, damages, penalties, obligations or <br />liabilities. <br />C) In the event the City its officers, agents or employees is made a party to any <br />action or proceeding filed or prosecuted against Contractor for such damages or <br />other claims arising out of or in connection with the sole negligence of Contractor <br />hereunder, Contractor agrees to pay the City, its officers, agents, or employees, <br />any and all costs and expenses incurred by the City, its officers agents or <br />employees in such action or proceeding, including, but not limited to, reasonable <br />attorney's fees. <br />d) In the event that a court determines that liability for any Claim was caused or <br />contributed to by the negligent act or omission or the willful misconduct of the <br />City, liability will be apportioned between Contractor and the City based upon the <br />REV: 06-17-19 EI <br />Page2of4 <br />ATTY/AGR.2019.176/AII Cities Crossing Guard Conract <br />103 <br />