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6.E. - Page 16 of 73 <br />A cement for TruePoint Services City of Redwood Cit <br />7.1.2 Business Automobile Liability Insurance. Consultant shall maintain coverage with <br />limits not less than $1,000,000 per each accident for owned, hired and. non -owned <br />automobiles.. <br />7.13 Workers' Compensation and l;rrt l er's Llabill Insurance. Consultant shall maintain <br />coverage as required by the California Labor Code and Employer's Liability limits with <br />limits not less than $1,000,000 per each accident for bodily Injury or disease, The <br />Worker's Compensation policy shall contain an endorsement stating that the insurer <br />waives any right to subrogation against the City, its officers, agents, employees, and <br />volunteers. The Workers' Compensation and Employer's Liability insurance will not be <br />required If Consultant has no employees and provides, to the City's satisfaction, a <br />declaration stating this, Such declaration Is attached hereto as Exhibit C, <br />7.1.4 Professional Liability Insurance. Consultant shall maintain coverage with limits not less <br />than $1,.000,000 per occurrence. Professional Liability may be written as claims -made <br />coverage. <br />7,2 Notice of Cancellation. This insurance will be In force during the life of the Agreement and any <br />extensions of it and will not be canceled without Consultant providing thirty (30) days prior <br />written notice to City sent pursuant to the Notice provisions of this Agreement. <br />73 Providing. Certificates of „insurance and indorsements. Prior to City's execution of this <br />Agreement, Consultant shall provide to City certificates of insurance and above -referenced <br />endorsements sufficient to satisfaction of City's Risk. Manager. In no event shall Consultant <br />commence any work or provide any Services under this Agreement until certificates of <br />Insurance and endorsements have been accepted by City's Risk Manager, <br />7.4 Failure to Maintain.. Coverage. If Consultant fails to comply with these insurance requirements, <br />then City will have the option to declare Consultant in breach, or may purchase replacement <br />Insurance or pay the premiums that are due on existing policies in order to maintain the <br />required coverages. Consultant Is responsible for any payments made by City to obtain or <br />maintain insurance and City may collect these payments from Consultant or deduct the <br />amount paid from any sums due Consultant under this Agreement. <br />7,5 SubmJssion of Insurance Policies, City reserves the right to require, :at any time, complete <br />copies of any or all required Insurance policies and endorsements, <br />8,0 INDEMNIFICATION. <br />Consultant will defend, indemnify and hold harmless City and its officers, agents, employees, <br />and volunteers; (the "Indemnified Parties") from and against all claims, damages, losses and <br />expenses including attorney fees (each a. "Claim') arising out of Cons.ultant's performance <br />under this Agreement (including the Solution), caused in whole or in part by the willful <br />misconduct or any negligent act or ornission of the Consultant, any subcontractor, anyone <br />directly or indirectly employed by any of them or anyone for whose acts any of them may, be <br />liable, except where caused by the sole negligence or willful misconduct of City. For the sake of <br />clarity, Consultant's obligations under this paragraph apply, without limitation, to Claims <br />relating to Bata Breaches or Security Incidents and to any other disclosure of Customer Data <br />without prior written authorization of the City, <br />REV,, 04-23-19 PR <br />FagATTY/AGR.2019,I06/TruepointTrueBill Utility Billing�Syst7 of em <br />114 <br />