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Verification of Coverage. Consultant shall furnish City with original Certificates of
<br />Insurance including all required amendatory endorsements (or copies of the applicable policy
<br />language effecting coverage required by this clause). Failure to obtain the required documents
<br />prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves
<br />the right to require complete, certified copies of all required insurance policies, including
<br />endorsements required by these specifications, at any time.
<br />Subcontractors. Consultant shall require and verify that all subcontractors maintain
<br />insurance meeting all the requirements stated herein.
<br />Special Risks or Circumstances. City reserves the right to modify these requirements,
<br />including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special
<br />circumstances.
<br />Failure to Maintain Insurance Coverage. If Consultant, for any reason, fails to maintain
<br />insurance coverage, which is required pursuant to this Agreement, for the entire term of this
<br />contract, the same shall be deemed a material breach of Agreement. City, at its sole option, may
<br />terminate this Agreement at any time and obtain damages from Consultant resulting from said
<br />breach.
<br />8. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, Consultants, 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 Consultant or its subcontractors, agents, employees, or other persons
<br />acting on their behalf which relates to the services described in section 1 of this Agreement; and
<br />(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br />indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, 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. 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,
<br />regarding any action by a third party challenging the validity of this Agreement, or asserting that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
<br />or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
<br />Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
<br />2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
<br />misconduct of the Consultant.
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