|
EXHIBIT 1
<br />SERIAL 16154-RFP
<br />5.0 DUTIES:
<br />S1 The Contractor shall perform all duties stated in Exhibit "B", Task Order or as otherwise directed
<br />in writing by the Procurement Officer.
<br />6.0 TERMS and CONDITIONS:
<br />61 INDEMNIFICATION:
<br />To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses
<br />are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
<br />indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
<br />directors, officials, and employees from and against actual and direct claims, damages, losses, and
<br />expenses (including, but not limited to reasonable attorneys' fees, court costs, expert witness fees,
<br />and the costs and attorneys' fees for appellate proceedings) to the extent arising out of, cr alleged
<br />to have resulted from the negligent acts, errors, omissions, or willful misconduct relating to the
<br />Contractor's performance o f this Contract
<br />Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
<br />agents, officers, directors, officials, and employees shall arise in connection with any actual and
<br />direct claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death
<br />or injury to, impairment of, or destruction of tangible property, including loss of use resulting
<br />there from, to the extent caused by negligent acts, errors, omissions, or willful misconduct in the
<br />performance of this Contract, but only m the extent caused by the negligent acts or omissions of
<br />the Contractor, a subcontractor, any one directly employed by them, or anyone for whose acts they
<br />may be liable, except m the extent such claim, damage, loss, or expense is caused in part by a
<br />party indemnified hereunder.
<br />Contractor's obligation to indemnify, defend and hold harmless County shall not apply in cases of
<br />County's negligence or intentional misconduct Further, Contractor shall not be so obligated and
<br />specifically disclaims any liability for claims that are due to: building design and/or construction,
<br />product misuse, misapplication of the product, improper site or surface preparation, improper
<br />selection of product and/or color, or improper maintenance. The amount and type of insurance
<br />coverage requirements set forth herein will in no way be construed as limiting the scope of the
<br />indemnity in this paragraph
<br />The scope of this indemnification extends to the negligence of County.
<br />Q INSURANCE.
<br />6.2.1 Contractor, at Contractor's own expense, shall purchase and maintain the herein
<br />stipulated minimum insurance from a company or companies duly licensed by the State
<br />of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of
<br />Arizona licensing, the stipulated insurance may be purchased from a company or
<br />companies, which are authorized to do business in the State of Arizona, provided that
<br />said insurance companies meet the approval of County. The form of any insurance
<br />policies and forms must be acceptable to County.
<br />6.2.2 All insurance required herein shall be maintained in full force and effect until all work or
<br />service required m be performed under the terms of the Contract is satisfactorily
<br />completed and formally accepted. Failure to do so may, at the sole discretion of County,
<br />constitute a material breach of this Contract
<br />6.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance
<br />or self-insurance maintained by County shall not contribute to it
<br />6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
<br />breach of an insurance policy warranty shall not affect the County's right to coverage
<br />afforded under the insurance policies.
<br />City Council 9-8 3/7/2023
<br />
|