2005 AGN MAR 15 I20 - Laserfiche WebLink

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Without affecting the rights of the County under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless County as set forth above for liability attributable to the sole negligence of the County. In instances where County is shown to have been negligent and where County's negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be only for the portion of the percentage not attributable to the negligence of the County. Insurance: Without in any way affecting the indemnity herein provided and in addition thereto the Contractor shall secure and maintain throughout this Agreement the following types of insurance with limits as shown: A. Workers' Compensation — A program of Workers' Compensation insurance or a State -approved Self - Insurance Program in an amount or form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the Contractor and risks related to the performance of services under this Agreement. B. Comprehensive General Liability Insurance —Contractor shall provide Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence. C. Automobile Liability Insurance — This coverage is to include coverage for owned, hired and non -owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than $1,000,000 per occurrence. D. Errors and Omissions Liability Insurance — Contractor shall provide combined single limits of not less than $1,000,000 for bodily injury and property damage and $3,000,000 aggregate limits. E. Additional Named Insured — All policies, except for Workers' Compensation and Errors and Omissions policies, shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder attributable to the sole negligence of the Contractor. F. Waiver of Subrogation Rights — Except for the Errors and Omissions Liability, Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. G. Policies Primary and Non -Contributory — All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. H. Proof of Coverage — Contractor shall immediately furnish certificates of insurance to the County Department administering the contract evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expired without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Agreement, Contractor shall furnish a copy of the Declaration page for all applicable policies. Contractor will provide complete certified copies of the policies and endorsements within ten (10) days of such written request. Insurance Review — The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurances is not available, is unreasonably priced, or is not needed to protect the interest of the County. Any such reduction or waiver for the entire term of the Agreement, or any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Contractor agrees to enter into negotiations for any such amendment within thirty (30) days of receipt. Self Insurance — Contractor may satisfy the insurance requirements of this Agreement through a program of self-insurance acceptable to County's Risk Manager. Page 3 of 7