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REV: 02-01-2022 MI <br />Services by Consultant or Consultant’s agents, representatives, employees or <br />subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not <br />less than “A-:VII”. <br />12.1 Coverages and Limits. Consultant, at its sole expense, will maintain the <br />types of coverages and minimum limits indicated below, unless otherwise <br />approved by City in writing. These minimum amounts of coverage will not <br />constitute any limitations or cap on Consultant's indemnification obligations under <br />this Agreement. <br />12.1.1 Commercial General Liability Insurance. Consultant will maintain <br />occurrence based coverage with limits not less than $2,000,000 per <br />occurrence. If the submitted policies contain aggregate limits, such limits <br />will apply separately to the Services, project, or location that is the subject <br />of this Agreement or the aggregate will be twice the required per <br />occurrence limit. The Commercial General Liability insurance policy will <br />be endorsed to name the City, its officers, agents, employees and <br />volunteers as additional insureds, and to state that the insurance will be <br />primary and not contribute with any insurance or self-insurance <br />maintained by the City. <br />12.1.2 Business Automobile Liability Insurance. Consultant will maintain <br />coverage with limits not less than $1,000,000 per each accident for <br />owned, hired and non-owned automobiles. For on-call services <br />agreements, the Business Automobile Liability insurance policy will be <br />endorsed to name the City, its officers, agents, employees and volunteers <br />as additional insureds, and to state that the insurance will be primary and <br />not contribute with any insurance or self-insurance maintained by the <br />City. <br />12.1.3 Workers' Compensation and Employer's Liability Insurance. <br />Consultant shall maintain coverage as required by the California Labor <br />Code and Employer’s Liability limits with limits not less than $1,000,000 <br />per each accident for bodily injury or disease. The Worker’s <br />Compensation policy shall contain an endorsement stating that the insurer <br />waives any right to subrogation against the City, its officers, agents, <br />employees, and volunteers. The Workers’ Compensation and Employer’s <br />Liability Insurance will not be required if Consultant has no employees and <br />provides, to the City’s satisfaction, a declaration stating this. Such <br />declaration is attached hereto as Exhibit “B”. <br />12.2. Notice of Cancellation. This insurance will be in force during the life of the <br />Agreement and any extensions of it and will not be canceled without Consultant <br />providing thirty (30) days prior written notice to City sent pursuant to the Notice <br />provisions of this Agreement. <br />ATTY/AGR.2022.018/APEX STRATEGIES (Page 5 of 12)