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Insurance shall be provided with limits of not less than ONE MILLION <br />DOLLARS ($1,000,000,00) per accident. In the alternative, Consultant may rely <br />on aself-insurance program to meet those requirements, but only if the program <br />of self-insurance complies fully with the provisions of the California Labor Code. <br />Determination of whether aself-insurance program meets the standards of the <br />Labor Code shall be solely in the discretion of the City. The insurer, if insurance <br />is provided, or the Consultant, if a program of self-insurance is provided, shall <br />waive all rights of subrogation against the City and its officers, officials, <br />employees, and volunteers for loss arising from work performed under this <br />Agreement. <br />4.2 Commercial General and Automobile Liability Insurance. <br />4.2.1 General requirements. Consultant, at its own cost and expense, shall <br />maintain commercial general and automobile liability insurance for the <br />term of this Agreement in an amount not less than ONE MILLION <br />DOLLARS ($1,000,000.00) per occurrence, combined single limit <br />coverage for risks associated with the work contemplated by this <br />Agreement. If a Commercial General Liability Insurance or an <br />Automobile Liability form or other form with a general aggregate limit is <br />used, either the general aggregate limit shall apply separately to the work <br />to be performed under this Agreement or the general aggregate limit shall <br />be at least twice the required occurrence limit. Such coverage shall <br />include but shall not be limited to, protection against claims arising from <br />bodily and personal injury, including death resulting therefrom, and <br />damage to property resulting from activities contemplated under this <br />Agreement, including the use of owned and non-owned automobiles. <br />4.2.2 Minimum scone of coverage. Commercial general coverage shall be at <br />least as broad as Insurance Services Office Commercial General Liability <br />occurrence form CG 0001 (ed. 11/88) or GL 0002 (ed.l/73) covering <br />comprehensive General Liability and Insurance Services Office form <br />number GL 0404 covering Broad Form Comprehensive General Liability. <br />Automobile coverage shall be at least as broad as Insurance Services <br />Office Automobile Liability form CA 0001 (ed. 12/90) Code 1. No <br />endorsement shall be attached limiting the coverage. <br />4.2.3 Additional requirements. Each of the following shall be included in the <br />insurance coverage or added as a certified endorsement to the policy: <br />a. The insurance shall cover on an occurrence or an accident basis, <br />and not on a claims-made basis. <br />b. Any failure of Consultant to comply with reporting provisions of <br />the policy shall not affect coverage provided to City and its <br />officers, employees, agents, and volunteers. <br />Consulting Services Agreement between May 3, 2004 <br />City of San Leandro and ECS Imaging, Inc. Page 4 of 19 <br />