|
Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City.
<br /> The City may require the Consultant to purchase coverage with a lower retention or provide proof of
<br /> ability to pay losses and related investigations, claim administration, and defense expenses within the
<br /> retention.
<br /> Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business
<br /> in the State of California with a current A.M.Best rating of no less than A:VII,unless otherwise acceptable
<br /> to City.
<br /> Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance
<br /> including all required amendatory endorsements (or copies of the applicable policy language effecting
<br /> coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy
<br /> listing all policy endorsements before work begins. However, failure to obtain the required documents
<br /> prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the
<br /> right to require complete, certified copies of all required insurance policies, including endorsements
<br /> required by these specifications, at any time.
<br /> Special Events Coverage. Special events coverage is available and can be purchased by
<br /> Consultant. Use this link to learn more: https://2sparta.com/selip application.php.
<br /> Special Risks or Circumstances. City reserves the right to modify these requirements, including
<br /> limits,based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances.
<br /> 10. INDEMNIFICATION
<br /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br /> employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
<br /> damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br /> injury, including death, and claims for property damage, which may arise from the negligent operations
<br /> of the Consultant,its subcontractors,agents,employees,or other persons acting on its behalf which relates
<br /> to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,
<br /> damages,just compensation, restitution, judicial or equitable relief is due by reason of the terms of or
<br /> effects arising from this Agreement.This indemnity and hold harmless agreement applies to all claims for
<br /> damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
<br /> suffered, by reason of the events referred to in this Section or by reason of the terms of,or effects, arising
<br /> from this Agreement. The Consultant further agrees to indemnify,hold harmless,and pay all costs for the
<br /> defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
<br /> action by a third party challenging the validity of this Agreement, or asserting that personal injury,
<br /> damages,just compensation,restitution,judicial or equitable relief due to personal or property rights arises
<br /> by reason of the terms of,or effects arising from this Agreement. City may make all reasonable decisions
<br /> with respect to its representation in any legal proceeding.
<br /> 11. INTELLECTUAL PROPERTY INDEMNIFICATION
<br /> Consultant shall defend and indemnify the City,its officers,agents,representatives,and employees
<br /> against any and all liability, including costs, for infringement of any United States' letters patent,
<br /> trademark, or copyright infringement, including costs, contained in the work product or documents
<br /> provided by Consultant to the City pursuant to this Agreement.
<br /> Page 5 of 12
<br />
|