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16. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to <br /> inform Consultant of non-compliance with any insurance requirement in no way imposes any <br /> additional obligations on City nor does it waive any rights hereunder in this or any other regard. <br /> 17. Consultant shall renew the required coverage annually as long as City, or its employees or agents <br /> face an exposure from operations of any type pursuant to this agreement. This obligation applies <br /> whether or not the agreement is canceled or terminated for any reason. Termination of this <br /> obligation is not effective until City executes a written statement to that effect. <br /> 18. Consultant shall provide proof that policies of insurance required herein expiring during the term <br /> of this Agreement have been renewed or replaced with other policies providing at least the same <br /> coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A <br /> coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A <br /> certificate of insurance and/or additional insured endorsement as required in these specifications <br /> applicable to the renewing or new coverage must be provided to City within five days of the <br /> expiration of the coverages. <br /> 19. The provisions of any workers' compensation or similar act shall not limit the obligations of <br /> Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity <br /> defenses under such laws with respect to City, its officers, elected officials, employees, agents, <br /> and volunteers. <br /> 20. Requirements of specific coverage features or limits contained in this section are not intended <br /> as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally <br /> provided by any given policy. Specific reference to a given coverage feature is for purposes of <br /> clarification only as it pertains to a given issue, and is not intended by any party or insured to be <br /> limiting or all-inclusive. <br /> 21 . These insurance requirements are intended to be separate and distinct from any other provision <br /> in this agreement and are intended by the parties here to be interpreted as such. <br /> 22. The requirements in this Section supersede all other sections and provisions of this Agreement <br /> to the extent that any other section or provision conflicts with or impairs the provisions of this <br /> Section. <br /> 23. Consultant agrees to be responsible for ensuring that no contract used by any party involved in <br /> any way with the project reserves the right to charge City or Consultant for the cost of additional <br /> insurance coverage required by this agreement. Any such provisions are to be deleted with <br /> reference to City. It is not the intent of City to reimburse any third party for the cost of complying <br /> with these requirements. There shall be no recourse against City for payment of premiums or <br /> other amounts with respect thereto. <br /> 24. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant <br /> arising out of the work performed under this agreement. City assumes no obligation or liability <br /> by such notice, but has the right (but not the duty) to monitor the handling of any such claim or <br /> claims if they are likely to involve City. <br /> ATTY/AGR/2016/AMENDMENTS/AMEND NO.1 SHUMS CODE & ASSOCIATES, INC. <br /> REV: 04-28-16 RL <br /> Page 19 of 19 <br />