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8. RECORDS.
<br />Consultant shall keep and maintain accurate records of all time expended and costs
<br />and expenses incurred relating to services to be performed by Consultant hereunder.
<br />Said records shall be available to City for review and copying during regular business
<br />hours at Consultant's place of business or as otherwise agreed upon by the parties.
<br />
<br />9. HOLD HARMLESS.
<br />Consultant hereby agrees to defend, indemnify, and save harmless City, its Council,
<br />boards, commissioners, officers, employees and agents, from and against any and all
<br />claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation,
<br />costs and fees of litigation) of every nature, kind or description, which may be brought
<br />against, or suffered or sustained by, City, its Council, boards, commission, officers,
<br />employees, or agents, arising out of the performance of the work described herein, to
<br />the extent caused in whole or in part by any negligent act or omission of Consultant, its
<br />officers, agents and employees, or anyone directly or indirectly employed by any of
<br />them or anyone for whose acts any of them may be liable, except where caused by the
<br />active negligence, sole negligence, or willful misconduct of City.
<br />
<br />The duty of Consultant to indemnify and save harmless, as set forth herein, shall
<br />include the duty to defend as set forth in Section 2778 of the California Civil Code;
<br />provided, however, that nothing herein contained shall be construed to require
<br />Consultant to indemnify City, its Council, boards, commissions, officers, employees and
<br />agents against any responsibility or liability in contravention of Section 2782 of the
<br />California Civil Code.
<br />
<br />10. INSURANCE. Consultant shall acquire and maintain Workers' Compensation,
<br />employer's liability, commercial general liability, owned and non-owned and hired
<br />automobile liability, and professional liability insurance coverage relating to Consultant's
<br />services to be performed hereunder covering City's risks in form subject to the approval
<br />of the City Attorney. The minimum amounts of coverage corresponding to the aforesaid
<br />categories of insurance per insurable event shall be as follows:
<br />
<br /> Insurance Cate.qory Minimum Limits
<br /> Workers' Compensation statutory minimum
<br /> Employer's Liability $1,000,000 per accident
<br /> for bodily injury or disease
<br />
<br /> Commercial General $1,000,000 per occurrence
<br /> Liability and $2,000,000 aggregate for
<br /> bodily injury, personal injury and
<br /> property damage
<br />
<br />F:Atty/Agr/Agr. 028
<br />042202
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