|
(8) Verification of Coverage: Contractor shall furnish the City with original
<br />Certificates of Insurance including all required amendatory endorsements (or copies
<br />of the applicable policy language effecting coverage requiredby this clause) and a
<br />copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy
<br />endorsements to City before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the Contractor's obligation to
<br />provide them.
<br />The City reserves the right to require complete, certified copies of all required
<br />insurance policies, including endorsements required by these specifications, at any
<br />time.
<br />(9) Subcontractors: Contractor shall require and verify that all subcontractors maintain
<br />insurance meeting all the requirements stated herein, and Contractor shall ensure
<br />that City is an additional insured on insurance required from subcontractors.
<br />(10) Special Risks or Circumstances: City reserves the right to modify these
<br />requirements, including limits, based on the nature of the risk, prior experience,
<br />insurer, coverage, or other special circumstances.
<br />6. INDEMNIFICATION
<br />Donor agrees to and shall defend, indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including death, and claims for property damage, which may arise from the direct or indirect
<br />operations of Donor or its contractors, subcontractors, agents, employees, or other persons acting on
<br />their behalf which relates to the services described in section 1 of this Agreement; and (2) from any
<br />claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
<br />reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
<br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
<br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by
<br />reason of the terms of, or effects, arising from this Agreement. Donor further agrees to indemnify,
<br />hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel
<br />to be selected by the City, regarding any action by a third party challenging the validity of this
<br />Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief due to personal or property rights arises by reason of the terms of, or effects arising
<br />from this Agreement. City may make all reasonable decisions with respect to its representation in any
<br />legal proceeding. Notwithstanding the foregoing, to the extent Donor's Services are subject to Civil
<br />Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
<br />Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
<br />willful misconduct of Donor.
<br />Page 4 of 8
<br />
|