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d, Self-lusured Retentions. Self -insured retentions iriust be declared tom and approv't,,cl by,
<br />the City, The City may require the Consultant to purchase coverage with a loNver
<br />retention or provide proof of abilit.Y to pay losses and related investiganions, ctairn
<br />adirunistration, and defense expenses withini the retention
<br />e. Acceptability of Insurers. Insurance is to be placed with insurers authorized to
<br />conduct business in the State of Califorruavvith a Current A.M. Best rating of no, less
<br />than A,ill, unless otherwise acceptable to City,
<br />Verification, of Coverage. Consultant shall furnish City with original Certificates of
<br />Insurance inclm in J
<br />crulmicrs of tlmrw;pfulrc,rw.lmle
<br />policy language effecting coverage required by this clause) and a copy of the
<br />Declarations and Endorsement Page of the CGL policy listing all Pofim policy endorsements
<br />before work begins. Howevei, failure to otmain the required documents prior to the
<br />work beginning shall not Nvaive Consultant's obligation to provide thorn.
<br />City reserves the right to require con"iplete, certified copies oF all required insurance
<br />policies, including endorsenients required by these specifications, at any time,
<br />g, Special Risks or Circumstances. City reserves the right to modify these requirernerns,
<br />including its,
<br />basedon the nature of the risk, prior experience, insurer, coverage., or
<br />rpeclaJ cnces,
<br />7. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless, the City, its officers,
<br />agerits, ei'riployees, contraclofs, spcclal, Counsel, and representatives faml liabilky, ( 1) for personal
<br />injury, damages,just compensation, restittition,judiclal or equitable relief arising out of claims for
<br />personal injury, Including death, and clafiris for property damage, which may arise front the
<br />negligent operations of the Consultant, its agents, employees, or other persons acting on its behalf
<br />which relates to the services described in section I of this Agreement-, and (2) frorn any claim that
<br />personal In ' jury, dainages, just conipensatioii, restitution, JWicial Or equitable relief is due by
<br />reason of the terms of or effects arising frorn this Agreement, This indemnity and hold har-mles , s
<br />agreement applies to all claims for damages, .dust compensation, restitution, judicial or equitable
<br />rel iel'Alffered -, or alleged to have been suffered, by reason of the events referred to in this Section
<br />or by reason of tile terms of, or effects, arising from this Agreement. 'FlicConsultant furthei°agi,-ees
<br />to inderrinif7v, hoWharmless, and pay all costs for the defense ofthe City, including fees and costs..,
<br />for special counsel lobe selected by the City, regarding any action by ailtird party challenging the
<br />validity of this Agreement, or asserting that personal injury, damages, just compensation,
<br />restitution, judicial or equitable relief due to personal or property rights arises by reason of the
<br />leans of,, or effects arising fi,orn this Agreement, City may niake all reasonable decisions with
<br />respect to its representation in any legal proceeding, Notwit hstanding the foregoing, to the extent
<br />Consultants services are suljcct to Civil Code Section 2782.8, the above indemnity shall be
<br />limited, to the extent required by Civil C ' 'ode Section 278,2.8, to claims that arise out of, pertain to.
<br />or relate to time negligence, recklessness, or vvillful misconduct of the Consultant,
<br />City Council 13-85 3/18/2025
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