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Self-Insured Retentions
<br /> Self-insured retentions must be declared to and approved by the City.The City may require the Consultant
<br /> to purchase coverage with a lower retention or provide proof of ability to pay losses and related
<br /> investigations, claim administration, and defense expenses within the retention.
<br /> Acceptability of Insurers
<br /> Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
<br /> Best's rating of no less than A:VII, unless otherwise acceptable to the City.
<br /> Verification of Coverage
<br /> Consultant shall furnish City with original Certificates of Insurance including all required amendatory
<br /> endorsements(or copies of the applicable policy language effecting coverage required by this clause) and
<br /> a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before
<br /> work begins. However, failure to obtain the required documents prior to the work beginning shall not
<br /> waive Consultant's obligation to provide them.
<br /> City reserves the right to require complete, certified copies of all required insurance policies, including
<br /> endorsements required by these specifications, at any time.
<br /> Special Risks or Circumstances
<br /> City reserves the right to modify these requirements,including limits,based on the nature of the risk,prior
<br /> experience, insurer, coverage, or other special circumstances.
<br /> 7. 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. 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 the
<br /> negligence, recklessness, or willful misconduct of the Consultant.
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