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required if Consultant has no employees and provides, to City's <br /> satisfaction, a declaration stating this. <br /> 11.1.4 Professional Liabilitv. Errors and omissions liability appropriate to <br /> ConsultanYs profession with limits of not less than $1,000,000 per claim. <br /> 11.2. Additional Provisions. Consultant will ensure that the policies of insurance <br /> required unde� this Agreement contain, or are endorsed to contain, the following <br /> provisions: ' <br /> 11.2.1 For Commercial General Liability Insurance and Automobile <br /> Liabii"ity Insurance: City, its officers, agents, volunteers and employees will <br /> be named as additional insured§. <br /> 11.2.2 Consultant will ' obtain occurrence coverage, except that <br /> Professionai Liability will be written as claims-made coverage. <br /> 11.2.3 This insurance will be in force during the life of the Agreement and <br /> any extensions of it and;wili not be canceled without thirty (30) days prior <br /> written notice to City sent pursuant to the Notice provisions of this <br /> Agreement. <br /> 11.3 Providinp Certificates of Insurance and Endorsements. Prior to City's <br /> execution of this Agreement, Consuitant will furnish certificates of insurance and <br /> endorsements to City. . ' <br /> 11.4 Failure to Maintain Coveraae. If Consultant fails to maintain any of these <br /> insurance coverages, then City will have the option to declare Consultant in <br /> breach, or may purchase replacement insurance or pay the premiums that are <br /> due on existing policies im order to maintain the required coverages. Consultant <br /> is responsible for any payments made by City to obtain or maintain insurance <br /> and City may collect these payments from Consultant or deduct the amount paid <br /> from any sums due Consultant under this Agreement. <br /> 11.5 Submission of Insurance Policies. City reserves the right to require, at <br /> anytime, compiete and certified copies of any or all required insurance policies <br /> and endorsements. <br /> 11.6 Primarv Coveraae. For any claims related to the Services and this <br /> Agreement, the ConsultanYs insurance coverage will be primary insurance with <br /> respect to City, its officers, agents, volunteers and employees. Any insurance or <br /> self-insurance maintained by City for itself, its officers, agents, volunteers and <br /> employees, will be in excess of ConsultanYs insurance and not contributory with <br /> it. <br /> DRAFT RHAA 93203 BL 09192011COUNCIL 5 � <br />