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REV: 11-20-23 SK
<br />17. HOLD HARMLESS. Subrecipient will defend, indemnify and hold harmless City,
<br />its Council, officers, boards, commissions, agents and employees (collectively,
<br />“Indemnitees”) against and from any and all claims, suits or actions of every name, kind
<br />and description (“Claims”), which may be brought against Indemnitees, or any of them,
<br />by reason of any injury to, or death of, any person (including corporations, partnerships,
<br />and associations) or damage suffered or sustained by any such person or property
<br />damage (including loss of use thereof) arising from, or alleged to have arisen from, any
<br />act or omission to act, negligent or otherwise, of Subrecipient, its officers, agents or
<br />employees under this Agreement. Subrecipient will bear all losses, costs, damages,
<br />expense and liability of every kind, nature and description, including attorney’s fees,
<br />experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such
<br />Claims, whether directly or indirectly.
<br />The duty of Subrecipient to defend, indemnify and hold harmless, as set forth herein, will
<br />include the duty to defend as set forth in Section 2778 of the California Civil Code;
<br />provided, however, that nothing herein will be construed to require Subrecipient to
<br />indemnify Indemnitees against any responsibility or liability in contravention of Section
<br />2782 of the California Civil Code. This Paragraph 17 will survive the termination of this
<br />Agreement.
<br />18. INSURANCE. Subrecipient will acquire and maintain Workers Compensation,
<br />employer’s liability, comprehensive general liability, owned, non-owned, and hired
<br />automobile liability insurance coverage relating to Subrecipient’s activities funded
<br />hereunder covering City’s risk subject to the approval of the City Attorney. All insurance
<br />carriers are required to maintain an A.M. Best rating of not less than “A-: VII”. The
<br />minimum amounts of coverage corresponding to the aforesaid categories of insurance
<br />per insurable event, will be as follows:
<br />Insurance Category Minimum Limits
<br />Workers Compensation statutory minimum
<br />Employer's Liability $1,000,000 per accident for bodily injury, personal
<br />injury and property damage
<br />
<br />Comprehensive General $1,000,000 per occurrence for bodily injury,
<br /> personal injury and property damage
<br />
<br />Automobile Liability $1,000,000 per accident for bodily injury and property
<br />damage (coverage required to the extent applicable to
<br />Subrecipient’s vehicle usage in performing services
<br />hereunder)
<br />Professional Liability Subrecipient shall maintain coverage with limits not
<br />less than $1,000,000 per occurrence. Professional
<br />Liability may be written as claims-made coverage.
<br />
<br />Concurrently with the execution of this Agreement, Subrecipient will furnish City with
<br />certificates and copies of information or declaration pages of the insurance required
<br />ATTY/AGR.2023.280/Rape Trauma Services (FY23-24 CDBG Agreement) (Page 7 of 17)
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