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admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V." 11.1 Coveraaes and Limits. Consultant, at its sole expense, shall maintain the types of coverages and minimum limits indicated below. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense. 11.1.1 Automobile Liabilitv. With limits approved by the Risk Manager. 11.1.2 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this. 11.2 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Consultant will furnish certificates of insurance and endorsements to City. 11.3 Failure to Maintain Coveraqe. If Consultant fails to maintain the Automobile Liability Insurance coverage, then City will have the option to declare Consultant in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement. 11.4 Submission of Automobile Liability Insurance Policv. City reserves the right to require, at anytime, complete and certified copies of the required Automobile Liability Insurance policy. 11.5 Primarv Coveraqe. For any claims related to the Services and this Agreement, the Consultant's Automobile Liability Insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of ConsultanYs insurance and not contributory with it. ATTY/AGR/2012.155/WILLIAM VERSACI AGREEMENT REV:09-25-12 VR 4