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<br /> <br /> <br /> <br /> Page 3 of 21 <br />insurance against claims for injuries to persons or damages to property that may arise from or in <br />connection with the performance of the work hereunder: (1) commercial general liability insurance with <br />minimum limits of $1,000,000, written on an occurrence form basis and $3,000,000 general aggregate, <br />protecting it from claims for personal injury (including bodily injury and death) and property damage <br />which may arise from or in connection with the performance of PHI’s Services hereunder or from or out <br />of any act or omission of PHI, its officers, directors, agents, subcontractors or employees; (2) <br />professional liability insurance with minimum limits of $2,000,000; (3) worker’s compensation <br />insurance as required by law; and (4) hired and non-owned auto insurance with minimum limits of <br />$1,000,000 for each accident. If requested, PHI shall provide a certificate of said insurance and an <br />additional insured endorsement to City within 10 days of the execution of this Agreement. <br /> <br />Additional Requirements. Each of the following shall be included in the insurance coverage or added as <br />a certified endorsement to the policy: <br /> <br />a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims- <br />made basis. <br /> <br />b. City, its officers, officials, employees, and volunteers are to be covered as additional <br />insureds as respects: liability arising out of work or operations performed by or on behalf of PHI; <br />or automobiles owned, leased, hired, or borrowed by PHI. <br /> <br />c. PHI hereby agrees to waive subrogation which any insurer or contractor may require <br />from vendor by virtue of the payment of any loss. PHI agrees to obtain any endorsements that <br />may be necessary to affect this waiver of subrogation. <br /> <br />d. For any claims related to this Agreement or the work hereunder, PHI’s insurance <br />coverage shall be primary insurance as respects the City, its officers, officials, employees, and <br />volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, <br />employees, or volunteers shall be excess of PHI’s insurance and shall not contribute with it. <br /> <br />e. No policy shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of <br />defense). <br /> <br />f. Each insurance policy shall be endorsed to state that coverage shall not be canceled by <br />either party, except after 30 days’ prior written notice has been provided to the City. <br /> <br />g. PHI shall include all subcontractors as insureds under its policies or shall furnish separate <br />certificates and certified endorsements for each subcontractor. All coverages for subcontractors <br />shall be subject to all of the requirements stated herein. <br /> <br />9. Indemnification. PHI shall indemnify, defend with counsel acceptable to City, and hold harmless <br />City and its officers, officials, employees, agents and volunteers from and against any and all liability, <br />loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and <br />fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with PHI’s <br />performance of the Services or its failure to comply with any of its obligations contained in this <br />Docusign Envelope ID: F2A4CF88-30DD-4B58-ABA8-2CEC99F94209