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A. Consultant shall secure and maintain Workers' Compensation and Employer's <br />Liability insurance throughout the duration of this Agreement in an amount which <br />meets the statutory requirement with an insurance carrier acceptable to City. Such <br />insurance shall be primary and non-contributing to any insurance or self-insurance <br />maintained by City. The insurance policy shall include a provision prohibiting <br />cancellation of said policy except upon thirty (30) days prior written notice to City. <br />Certificates of Insurance shall be delivered to City prior to commencement of the <br />Services. <br />B. Consultant expressly waives all rights to subrogation against City, its elected <br />officials, employees for losses arising from work performed by Consultant for City <br />by expressly waiving Consultant's immunity for injuries to Consultant's employees <br />and agrees that the obligation to indemnify, defend and hold harmless provided for <br />in this Agreement extends to any claim brought by or on behalf of any employee of <br />Consultant. This waiver is mutually negotiated by the parties. This shall not apply <br />to any damage resulting from the sole negligence of City, its agents and employees. <br />To the extent any of the damages referenced herein were caused by or resulted from <br />the concurrent negligence of City, its agents or employees, the obligations provided <br />herein to indemnify, defend and hold harmless is valid and enforceable only to the <br />extent of the negligence of Consultant, its officers, agents and employees. <br />6.3 Hold Harmless and Indemnification. Consultant shall indemnify, hold harmless and defend <br />City and its elected officials, agents, and employees from and against any and all claims, <br />Z:� <br />losses or liability, including attorney's fees, arising from injury or death to persons or <br />damage to property occasioned by any act, omission or failure of Consultant, its officer, <br />agents and employees in performing the Services. <br />C> t� <br />6.4 Assignment. Consultant is expressly prohibited from subletting or assigning any of the <br />services covered by this Agreement without the express written consent of City. In the event <br />of mutual agreement between parties to sublet a portion of the Services, the Consultant will <br />add the subcontractor as an additional insured and provide City with the insurance <br />endorsements prior to any work being performed by the subcontractor. Assignment does not <br />include printing or other customary reimbursable expenses that may be provided in this <br />Agreement. <br />6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force <br />throughout the duration of the Agreement comprehensive general liability insurance with <br />carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per <br />occurrence and two million dollars ($2,000,000) aggregate for public liability, property <br />damage and personal injury is required. City shall be named as an additional insured and the <br />insurance policy shall include a provision prohibiting cancellation of said policy except upon <br />thirty (30) days prior written notice to the City. Such insurance shall be primary and non- <br />contributing to any insurance or self-insurance maintained by City. Certificates of insurance <br />J:Vity Council ReportsTublic Works�Agreemnt-Parkcer,.ter.�k-pd 3 <br />