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Item 22 - Agreement with Illumination Foundation to Operate a Temporary Homeless Shelter
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04/06/2021 Regular
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Item 22 - Agreement with Illumination Foundation to Operate a Temporary Homeless Shelter
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Agenda Packet
Agency
Clerk of the Council
Item #
22
Date
4/6/2021
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Page 5 of 11 <br /> <br /> <br />e. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: <br /> <br />(i) Contractor shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br /> <br />(ii) Certificates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved by the City. <br /> <br />(iii) Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty <br />(30) days prior written notice to the City. <br /> <br />(iv) Where the amounts or coverage provided by the certificates of insurance <br />provides coverage greater than those listed by this Agreement, the amounts <br />provided by the certificates of insurance shall be incorporated by reference <br />into the Agreement. <br /> <br />(v) Contractor shall supply City with a fully executed additional insured <br />endorsement. <br /> <br />f. If Contractor fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City’s <br />election, to terminate this Agreement. Such termination shall not affect <br />Contractor’s right to be paid for its time and materials expended prior to notification <br />of termination. Contractor waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the <br />City. <br /> <br />8. INDEMNIFICATION <br /> <br /> By Contractor. Contractor agrees to and shall indemnify, defend, and hold harmless the <br />City, its officers, agents, employees, consultants, special counsel, and representatives from <br />liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief <br />arising out of claims for personal injury, including death, and claims for property damage, which <br />may arise from the operations or willful misconduct of the Contractor or its, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in section <br />1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, <br />restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this <br />Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just <br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by <br />reason of the events referred to in this Section or by reason of the terms of, or effects, arising from <br />this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for <br />the 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 asserting that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
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