|
e. The following requirements apply to the Insurance to be provided by Consultant
<br />pursuant to this section:
<br />(i) Consultant shall maintain all insurance required above in full force
<br />and effect for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon
<br />execution of this Agreement and shall be approved by the City.
<br />(iii) Certificates and policies shall state that the policies shall not be
<br />canceled or reduced in coverage or changed in any other material
<br />aspect by Consultant without thirty (30) days prior written notice to
<br />the City.
<br />If Consultant 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
<br />has been procured and is in force and paid for, the City shall have the right, at
<br />the City's election, to forthwith terminate this Agreement. Such termination shall
<br />not affect Consultant's right to be paid for its time and materials expended prior to
<br />notification of termination. Consultant wnivns thn rinht to rmpokim emmn.n fine
<br />the City.
<br />INDEMNIFICATION
<br />Consultant agrees to and shall Indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability: (1) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
<br />for personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or
<br />other persons acting on their behalf which relates to the services described in section 1 of this
<br />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, to the extent that the injury, damages, just compensation, restitution, judicial or
<br />equitable relief is caused by the negligence of the Consultant. This indemnity and hold harmless
<br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable
<br />relief suffered, or alleged to have been suffered, by reason of the events referred to in this
<br />Section or by reason of the terms of, or effects, arising from this Agreement. City may make all
<br />reasonable decisions with respect to its representation in any legal proceeding, in no case shall
<br />Consultant be required to indemnify or hold harmless the City from injury, damages, just
<br />compensation, restitution, judicial or equitable relief caused by the negligence of the City_
<br />Consultant shall keep records and invoices in connection with the work to be performed
<br />under this Agreement. Consultant 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 Consultant under this Agreement. All such records and
<br />invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
<br />examine, audit, and make transcripts or copies of such records and any other documents
<br />
|