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REV: 01-24-23 JB <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 occurrence <br />limit. The Commercial General Liability insurance policy will be endorsed <br />to name the City, its officers, agents, employees and volunteers as <br />additional insureds, and to state that the insurance will be primary and not <br />contribute with any insurance or self-insurance 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 owned, <br />hired and non-owned automobiles. For on-call services agreements, the <br />Business Automobile Liability insurance policy will be endorsed to name the <br />City, its officers, agents, employees and volunteers as additional insureds, <br />and to state that the insurance will be primary and not contribute with any <br />insurance or self-insurance maintained by the 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 per <br />each accident for bodily injury or disease. The Worker’s Compensation <br />policy shall contain an endorsement stating that the insurer waives any right <br />to subrogation against the City, its officers, agents, employees, and <br />volunteers. The Workers’ Compensation and Employer’s Liability Insurance <br />will not be required if Consultant has no employees and provides, to the <br />City’s satisfaction, a declaration stating this. Such declaration is attached <br />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 />12.3 Providing Certificates of Insurance and Endorsements. Prior to City’s <br />execution of this Agreement, Consultant will provide to City certificates of <br />insurance and above-referenced endorsements sufficient to satisfaction of City’s <br />Risk Manager. In no event will Consultant commence any work or provide any <br />Services under this Agreement until certificates of insurance and endorsements <br />have been accepted by City’s Risk Manager. <br />12.4 Failure to Maintain Coverage. If Consultant fails to comply with these <br />insurance requirements, then City will have the option to declare Consultant in <br />ATTY/AGR.2023.012/Eileen Goodwin dba Apex Strategies (Organizational Review and Staffing Strategy) (Page 5 of 12)