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DocuSign Envelope ID: DDFB4565-1CFF-4604-9A6D-4723AB034B02
<br />H. Verification of Coverage- Consultant shall furnish the City with original Certificates of
<br />Insurance including all required amendatory endorsements (or copies of the applicable
<br />policy language effecting coverage required by this clause) and a copy of the Declarations
<br />and Endorsement Page of the CGL policy listing all policy endorsements to City before
<br />work begins. However, failure to obtain the required documents prior to the work
<br />beginning shall not waive the Consultant's obligation to provide them. The City reserves
<br />the right to require complete, certified copies of all required insurance policies, including
<br />endorsements required by these specifications, at any time.
<br />I. Subcontractors- Consultant shall require and verify that all subcontractors maintain
<br />insurance meeting all the requirements stated herein, and Contractor shall ensure that City
<br />is an additional insured on insurance required from subcontractors.
<br />Special Risks or Circumstances- City reserves the right to modify these requirements,
<br />including limits, based on the nature of the risk, prior experience, insurer, coverage, or
<br />other special circumstances.
<br />8. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
<br />acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
<br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
<br />or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
<br />this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
<br />further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
<br />fees and costs for special counsel to be selected by the City, regarding any action by a third party
<br />challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by
<br />reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br />decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
<br />to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
<br />shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
<br />pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
<br />9. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Consultant shall defend and indemnify the City, its officers, agents, representatives, and
<br />employees against any and all liability, including costs, for infringement of any United States'
<br />letters patent, trademark, or copyright infringement, including costs, contained in the work product
<br />or documents provided by Consultant to the City pursuant to this Agreement.
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<br />Non -Fed Funding (6, 1.2020)
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