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6) Failure to provide or maintain insurance coverage as required by this
<br />Agreement is ground; for immediate tenninate of this Agreernent-
<br />7. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />ag*cnts, cmployccs, contractors, special counsel, and replescntatives tiom 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 Contractor, its suhcnnn-actors, agents, employees, or other persons
<br />acting on its behalf which relates to the services described in section I ol'this Agreement: and (2)
<br />li-om any claim that personal injury, damages,,lust compensation, restitution,judicial or equitable
<br />relict is due by reason of the terms of or effects arising from this Agreement. phis indemnity aril
<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 assorting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by
<br />reason of' the tenns of, or el%cts arising 1iorn this Agreement. City may make all reasonable
<br />decisions with respect to its representation in any legal proceeditrg. Notwithstanding tic foregoing,
<br />to the extent Contractor's services arc subject to Civil Code Section 2782.8, the above indemnity
<br />shall be Iimiled, to the extent required by Civil Code Section 27M2.X, to claims that arise out of,
<br />pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor-
<br />S. PREVAILING WAGES
<br />C,onsttltant is aware of the requirements of Califomia Labor Code Section 1720, et seq.,
<br />and 1770, et seq as well as Califomia Code of Regulations, Title 8, Section 16000, et seq
<br />("Prevailing Wake Laws"), which requite the payment of prcvailinp wage rates and the
<br />performance of otter requirements on "public works" anti "maintenance" projects. When the
<br />Services being perl'ornled are part ol'an applicable "public works" or -maintenance" project, as
<br />defined by the Prevailing Wage Laws, and the total compensation is S 1,000 or more, Consuhant
<br />agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and
<br />hold the City, its elected officials, officers, employees and agems lice and harmless from any claim
<br />or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
<br />�). RECORDS
<br />Consultant shall keep Ioeords and invoices in connection with the wink to be performed
<br />under this Agrccmcnt. 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 mininwm period of three (31) years, or for any longer period required by
<br />law, from the date of final payment to Consultant under this Agrccmcnt. All such records and
<br />City Council 19 — 7 4/2 MZ1of 10
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