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<br />and related investigations, claim administration, and defense expenses within the retention. The
<br />policy language shall provide, or be endorsed to provide, that the self-insured retention may be
<br />satisfied by either the named insured or City.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state with a current
<br />A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
<br />Claims Made Policies
<br />If any of the required policies provide coverage on a claims-made basis:
<br />a. The Retroactive Date must be shown and must be before the date of the contract or the
<br />beginning of contract work.
<br />b. Insurance must be maintained and evidence of insurance must be provided for at least
<br />five (5) years after completion of the contract of work.
<br />c. If coverage is canceled or non-renewed, and not replaced with another claims-made
<br />policy form with a Retroactive Date prior to the contract effective date, the Consultant
<br />must purchase “extended reporting” coverage for a minimum of five (5) years after
<br />completion of contract work.
<br />Verification of Coverage
<br />Consultant shall furnish the City with original Certificates of Insurance including all required
<br />amendatory endorsements (or copies of the applicable policy language effecting coverage required
<br />by this clause) before work begins. However, failure to obtain the required documents prior to the
<br />work beginning shall not waive the Consultant’s obligation to provide them.
<br />
<br />7. INDEMNIFICATION
<br />
<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
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