|
REV: 06-21-2021 MI
<br />6. Not a Joint Venture or Joint Powers Authority. The parties intended by this
<br />Agreement to establish only an Agreement for finance services, and do not intend to
<br />create a joint powers agency, partnership, joint venture, joint enterprise, or special
<br />relationship of any kind.
<br />7. Indemnification. City hereby agrees to defend, indemnify, and save harmless
<br />SVCW, its boards, commissions, officers, attorneys, employees and agents, from and
<br />against any and all claims, suits, actions liability, loss, damage, expense, cost
<br />(including, without limitation, costs of litigation and attorneys fees) which may be
<br />brought against, SVCW, its boards, commissions, officers, attorneys, employees or
<br />agents caused by any act or omission of City, its officers, employees or agents in the
<br />performance of any services or work pursuant to this Agreement.
<br />The duty of City to indemnify and save harmless, as set forth herein, shall include the
<br />duty to defend as set forth in Section 2778 of the California Civil Code; provided,
<br />however, that nothing herein contained shall be construed to require City to indemnify
<br />SVCW, its boards, commissions, officers, employees and agents against any
<br />responsibility or liability in contravention of Section 2782 of the California Civil Code.
<br />7.1 In the event that SVCW and Redwood City are concurrently negligent and
<br />are proximate causes of the alleged injury or damage giving rise to a claim, then
<br />the liability of any and all such claims for injuries or damages shall be
<br />apportioned under California’s law of comparative negligence.
<br />7.2 Other than expressly provided for above, no Party shall be responsible for
<br />the acts or omissions of the other Party’s officers or employees, nor shall any
<br />Party incur any liability arising out of the services of the other Party’s officers,
<br />agents, employees or volunteers. Accordingly, the Parties hereby expressly
<br />agree to waive the pro rata risk allocation contained in Government Code section
<br />895.6.
<br />7.3 The Parties expressly agree that this section shall survive the expiration or
<br />early termination of the Agreement.
<br />8. Insurance. Redwood City will obtain and maintain for the duration of the
<br />Agreement and any and all amendments, insurance against claims for injuries to
<br />persons or damage to property, which may arise out of or in connection with
<br />performance of the Services by Redwood City or its agents, representatives, employees
<br />or subcontractors. Said coverage may be provided by self-insurance and/or through a
<br />joint powers insurance authority risk pool organized and operated under California law.
<br />Evidence of City’s compliance with these insurance requirements will be provided to
<br />SVCW upon request.
<br />8.1 Coverages and Limits. Redwood City, at its sole expense, will maintain
<br />the types of coverages and minimum limits indicated below.
<br />8.1.1 General Liability Insurance with limits of $1,000,000 per
<br />occurrence.
<br />ATTY/AGR.2021.146/Silicon Valley Clean Water (Page 2 of 6)
|