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<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 direct
<br />or indirect operations of the Consultant or its subcontractors, agents, employees, or other persons
<br />acting on their behalf which relates to the services described in section 1 of this Agreement; and
<br />(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br />indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
<br />defense of the City, including fees and costs for special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agreement, or assert ing that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding.
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<br />8. CONFORMITY WITH LAW AND SAFETY
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<br /> In performing any services under this Agreement, Contractor shall observe and comply
<br />with all applicable laws, ordinances, codes, and regulations of governmental agencies, including
<br />federal, state, municipal, and local governing bodies having jurisdiction over the scope of services,
<br />including all provisions of the California Occupational Safety and Health Act. Contractor shall
<br />indemnify, defend, and hold harmless City from any and all liability, fines, penalties, and
<br />consequences from any of Contractor’s failures to comply with such laws, ordinances, codes, and
<br />regulations.
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<br />9. RECORDS
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<br /> Contractor shall keep records and invoices in connection with the work to be performed
<br />under this Agreement. Contractor shall maintain complete and accurate records with respect to
<br />the costs incurred under this Agreement and any services, expenditures, and disbursements
<br />charged to the City for a minimum period of three (3) years, or for any longer period required by
<br />law, from the date of final payment to Contractor under this Agreement. All such records and
<br />invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
<br />examine, audit, and make transcripts or copies of such records and any other documents created
<br />pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
<br />work, data, documents, proceedings, and activities related to this Agreement for a period of three
<br />(3) years from the date of final payment to Contractor under this Agreement. The Contractor
<br />agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States,
<br />or any of their authorized representatives access t o any books, documents, papers, and records of
<br />the Contractor which are directly pertinent to this contract for the purposes of making audits,
<br />examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing
<br />parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably
<br />needed. The Contractor agrees to provide the FEMA Administrator or his authorized
<br />representatives access to construction or other work sites pertaining to the work being completed
<br />under the contract.
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