|
i=M1i1E5i
<br />1'. if Contractor fails or refuses to produce or maintain the insurance required by this
<br />section or fails or rclltses to furnish the City with required proof that insurance has
<br />been procured and is ill torte and paid Tor, the City shall have [tic right, at the City 's
<br />election, to forthwith terminate this Acreenient. Such termination shall not affect
<br />Cont-aclor's right to bepaid lorils rime and materials expended prior to norilicalion
<br />of la-rninaLion_ Contractor waives the right to receive coil tpcnsaIioil and agrees to
<br />indemnify the City for any work performed prior to approval of insurancee by the
<br />City.
<br />6. INDEMNIFICATION
<br />Contractor agrees to defend, and shall indemnity and hold harmless the City, its officers,
<br />agents, employees, contractors, special counsel, and representatives from liability: (i ) for personal
<br />injury, damages,jusl compensation, restilulion,judicial orequifable reliefarising out of claims for
<br />personal injury, including death, and claims for property damage, which may arise front the
<br />negligent operations of the Contractor or its subcontractors, agents, employee,, or other persons
<br />acting oil their behalf which relates to the services described in section 1 of this Agreemcav; and
<br />(2) from any claim That personal injury, d,unages, just compensation, restitution, judicial or
<br />equitable relief is due by reason of the terns of or effects arising from this Agreement_ This
<br />indemnity and hold harnrrless agreement applies to all Bairns for damages, just compensation,
<br />restitution, judicial or cquitablc rclid'sullcrcd, 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. 'Hie Conlraclor further agrees to indemnity, hold haumless, and pay all costs for [he
<br />defense of the City, including fees and costs lirr special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agrecnicnt, or asserting that
<br />personal injury, damages, just compensation, restitution, judicial or cquitablc relief due to personal
<br />or property rights arises by reason of the terns of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding_ This
<br />indernnificalion provision shall survive expiration or termination of this Agreement.
<br />7. RECORDS
<br />Contactor shall keep records and invoices in connection with the wort: to be perlixnled
<br />raider this Agreement. Contractor shall maintain complete and accurate records with respect to
<br />the costs incti red tooter this Agreement and any services, cxpendinues, and disbursements
<br />charged to the City for a minimum period of three (3) years, or for any longer period required by
<br />law, front the date of final payment to Contractor under this Agreement_ All such records and
<br />invoices shall lie dearly identifiahle_ 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 ui this Agi-ccnicut during r'cptilar business hours. Contractorshall allow inspection of Al
<br />work, data, documents, proceedino,s, and activities related to this AL)feement for a period of three
<br />(3) year, front fhe [late of final payment to Conlractor under this Agreement, Phis records
<br />provision shall survive expiration or termination of [his Agreement.
<br />City Council 4 19 — 6 6/15/2021
<br />
|