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StatenientofQualificotions I SECTION I
<br />CONTRACT AGREEMENT STATEMENT
<br />As part of our due diligence effort in preparing a responsive proposal package, we reached out to
<br />our risk manager and our insurance provider to review the City's Professional Services Agreement
<br />for compliance with Civil Code Section 2782.8 as amended by SB 496. The amended Civil Code
<br />went into effectJanuary 1, 2018 and limits the cost of defense charged to the design professional to
<br />an amount not to exceed the design professional's proportionate percentage of fault after a ruling of
<br />fault is determined. Providing defense for claims and allegations, sometimes referred to as "dollar one"
<br />defense, is no longer enforceable due to the passage of SB 496. The following proposed changes bring
<br />the City's indemnification clause into compliance with the amended Civil Code:
<br />8 Indemnification:
<br />Consultant agrees-to--defend—,a-nd shall indemnify and hold harmless the City, its officers, agents,
<br />employees, con r7rCtOrS, SPU-COM LOMISCl-, and representatives from liability-ff� for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief, arising out of cl-airris for personal
<br />injury, including death, and daims4crr property damage, to the extent found to which miay arise from
<br />the negligent acts, errors, omissions or operations of the Consultant, its subcontractors, agents,
<br />employees, or other persons acting on its behalf which relates to the services described in section I of
<br />this Agreement; arrd (2) g-11 J." compensation, restitttticxv
<br />fttdicicd or equitab or CffCCtS ff'OTI! LhiS Ag� UZ:1 11L;iM-
<br />agrel-1-ine-1-.1 I.F[Iiiell tkJ c4�� mages, Just con-ipensation,
<br />to 1aVC L
<br />Judicial or equitable relief SL1ff1%_:Tcd, or alleged 1� Ueen-suffered, y reason of t!
<br />events-rtfetred-to-m-thm-S-ecticii or b -rm-s��rm f, oi- effects, arising from this Agi-cemen-t.--
<br />J
<br />The ConsulLailt further agrees to Endu-1 t6d harrnlcss7zn+T��i costs for the defense of
<br />GL ', 11TCfttd1TTg4ee"rr6-�S401' special LoUn!itfl to be-seletk_ ed by the City, regai ding, any actiorrbr
<br />a third Lhe validity ofthi�-grcenicnt, or es-,
<br />Just compensation, restit tion, judicial or equritabie relief due to pers nal�operty-rights-zrises-br
<br />City 1-11<471 Make a'' reasonable d
<br />with -respect -to -its I UPI P-Sellftati �-��inrg: Notwithstanding the foregoing, to the extent
<br />Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
<br />the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to
<br />the negligence, recklessness, or willful misconduct of the Consultant. Notwithstanding anyth�ng LO the
<br />contrary in Section 8 of this Agreement, with respect to claims ar�sing from Consultant's professional
<br />services, Consultant shall not have an upfront duty to defend City, but Consultant shall reimburse
<br />reasonably incurred defense costs as part of C�Ey's total darnages in proportion to Consultant's
<br />determined percentage of fault as set forth in California Civd Code section 2782.8 as it is written as
<br />of the date of this Agreement,
<br />City ol'_�antaArio I PROPOSAL FOR ON -CALL LANDSCAPE ARCHITECTURAL SERVICES 3
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