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Contract Template <$200,000 <br />May 2022 <br />REV: 09-21-23 EI <br />The duty of each party to defend, hold harmless, and indemnify the other as set forth herein shall include <br />the duty to defend as set forth in Section 2778 of the California Civil Code. <br />9.In the event of concurrent negligence (or intentional/reckless acts) of the City and/or its respective <br />officers and employees, on the one hand, and the County and/or its officers, employees, agents, <br />and servants, on the other hand, then the liability for any and all claims for injuries or damage to <br />persons and/or property which arise out of terms and conditions of this Agreement shall be <br />apportioned according to the California Assignability and Subcontracting <br />City shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to <br />provide services required by City under this Agreement without the prior written consent of County. Any <br />such assignment or subcontract without County’s prior written consent shall give County the right to <br />automatically and immediately terminate this Agreement without penalty or advance notice. <br />10.Insurance <br />a.General Requirements <br />City shall not commence work or be required to commence work under this Agreement unless and until all <br />insurance required under this Section has been obtained and such insurance has been approved by <br />County’s Risk Management, and City shall use diligence to obtain such insurance and to obtain such <br />approval. City shall furnish County with certificates of insurance evidencing the required coverage, and <br />there shall be a specific contractual liability endorsement extending City’s coverage to include the <br />contractual liability assumed by City pursuant to this Agreement. These certificates shall specify or be <br />endorsed to provide that thirty (30) days’ notice must be given, in writing, to County of any pending <br />change in the limits of liability or of any cancellation or modification of the policy. The parties agree that <br />the insurance requirements herein can be satisfied by self-insurance. <br />b.Workers’ Compensation and Employer’s Liability Insurance <br />City shall have in effect during the entire term of this Agreement workers’ compensation and employer’s <br />liability insurance providing full statutory coverage. In signing this Agreement, City certifies, as required <br />by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the <br />California Labor Code, which require every employer to be insured against liability for workers’ <br />compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) <br />it will comply with such provisions before commencing the performance of work under this Agreement. <br />c.Liability Insurance <br />City shall take out and maintain during the term of this Agreement such bodily injury liability and property <br />damage liability insurance as shall protect City and all of its employees/officers/agents while performing <br />work covered by this Agreement from any and all claims for damages for bodily injury, including <br />accidental death, as well as any and all claims for property damage which may arise from City’s <br />operations under this Agreement, whether such operations be by City, any subcontractor, anyone directly <br />or indirectly employed by either of them, or an agent of either of them. Such insurance shall be combined <br />single limit bodily injury and property damage for each occurrence and shall not be less than the amounts <br />specified below: <br />(a)Comprehensive General Liability… $1,000,000 <br />(b)Motor Vehicle Liability Insurance… $1,000,000 <br />DocuSign Envelope ID: FB034838-475C-476E-A3ED-F7B24B091B38