(8) Verification of Coverage: Vendor shall furnish the City with
<br />original Certificates of hrsurance including all required amendatory
<br />endorsements (or copies of the applicable policy language effecting
<br />coverage requiredby this clause) and a copy of the Declarations and
<br />Endorsement Page of the CGLpolicy listing allpolicy endorsements
<br />to City before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the Vendor's
<br />obligation to provide them.
<br />The City reserves the right to require complete, certified copies of all
<br />required insurance policies, including endorsements required by
<br />these specifications, at any time,
<br />(9) Subcontractors: Vendor shall require and verify that all
<br />subcontractors maintain insurance meeting all the requirements
<br />stated herein, and Vendor shall ensure that City is an additional
<br />insured on insurance required from subcontractors.
<br />(10) Special Risks or Circumstances: City reserves the right to
<br />modify these requirements, including limits, based on the nature of
<br />the risk, prior experience, insurer, coverage, or other special
<br />circumstances.
<br />8. INDEMNIFICATION
<br />Vendor agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, contractors, special counsel, and representatives from 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 Vendor or its subcontractors, agents, employees, or other persons acting
<br />on their behalf which relates to the services described in section 1 of this Agreement; and (2) from
<br />any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief
<br />is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold
<br />harmless agreement applies to all claims for damages, just compensation, restitution, judicial or
<br />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 Vendor
<br />further agrees to indemnify, hold harm1css, 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 asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by
<br />reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br />decisions with respect to its representation in any legal proceeding, Notwithstanding the
<br />foregoing, to the extent Vendor's services are subject to Civil Code Section 2782.8, the above
<br />indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise
<br />of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Vendor.
<br />Page 5 of 10
<br />
|