Reso 2001-376 - Laserfiche WebLink

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5. Insurance. (a) Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more pariicularly set forth below: General liability insurance, including broad form contractual liability coverage for bodily injury and propeliy damage liability with limits of One Million Dollars ($1,000,000) combined single limit occmTence. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such f01111S and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is perfonued, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in fOlms and issued by insurance companies acceptable to the City's Risk Management Depariment. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thiliy (30) calendar days prior written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 6. Relation to Parties. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be perfOlmed hereunder. 7. Compliance with Law. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain any and all material pelmits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 8. Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injmy, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the perfOlmance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injmy, including death, to any person and destruction of propeliy resulting fi'om the performance or breach by Contractor of its limits in excess of One Million Dollars ($ I ,000,000) for claims arising fi'om a single occunence. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby inevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. 9. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of Page 2 of4 Tiling Agreement - Hamr Enterprises