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REV: 03-06-24 MI <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 approved <br />by City in writing. These minimum amounts of coverage will not constitute any <br />limitations or cap on Consultant's indemnification obligations under this Agreement. <br />12.1.1. Commercial General Liability Insurance. Consultant will <br />maintain occurrence-based coverage with limits not less than $2,000,000 per <br />occurrence. If the submitted policies contain aggregate limits, such limits will <br />apply separately to the Services, project, or location that is the subject of this <br />Agreement or the aggregate will be twice the required per occurrence limit. <br />The Commercial General Liability insurance policy will be endorsed to name <br />the City, its officers, agents, employees and volunteers as additional <br />insureds, and to state that the insurance will be primary and not contribute <br />with any insurance or self-insurance maintained by the City. <br />12.1.2. Business Automobile Liability Insurance. Consultant will <br />maintain coverage with limits not less than $1,000,000 per each accident for <br />owned, hired and non-owned automobiles. For on-call services agreements, <br />the Business Automobile Liability insurance policy will be endorsed to name <br />the City, its officers, agents, employees and volunteers as additional <br />insureds, and to state that the insurance will be primary and not contribute <br />with any insurance or self-insurance maintained by the City. <br />12.1.3. Workers' Compensation Insurance. Consultant will maintain <br />coverage as required by the California Labor Code. The Workers’ <br />Compensation policy will contain an endorsement stating that the insurer <br />waives any right to subrogation against the City, its officers, agents, <br />employees and volunteers. <br />12.1.4. Employer's Liability Insurance. Consultant will maintain <br />coverage with limits not less than $1,000,000 per each accident for bodily <br />injury or disease. <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 <br />City’s Risk Manager. In no event will Consultant commence any work or <br />provide any Services under this Agreement until certificates of insurance and <br />endorsements 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 />breach, or may purchase replacement insurance or pay the premiums that are due on <br />ATTY/AGR.2024.014/Resource Conservation District (Compost Broker Program) (Page 5 of 13)