Agmt23 Mental Health Association Spring Street Shelter CDBG FY23-24

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REV: 11-17-23 SK by reason of any injury to, or death of, any person (including corporations, partnerships, and associations) or damage suffered or sustained by any such person or property damage (including loss of use thereof) arising from, or alleged to have arisen from, any act or omission to act, negligent or otherwise, of Subrecipient, its officers, agents or employees under this Agreement. Subrecipient will bear all losses, costs, damages, expense and liability of every kind, nature and description, including attorney’s fees, experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or indirectly. The duty of Subrecipient to defend, indemnify and hold harmless, as set forth herein, will include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein will be construed to require Subrecipient to indemnify Indemnitees against any responsibility or liability in contravention of Section 2782 of the California Civil Code. This Paragraph 17 will survive the termination of this Agreement. 18. INSURANCE. Subrecipient will acquire and maintain Workers Compensation, employer’s liability, comprehensive general liability, owned, non-owned, and hired automobile liability insurance coverage relating to Subrecipient’s activities funded hereunder covering City’s risk subject to the approval of the City Attorney. All insurance carriers are required to maintain an A.M. Best rating of not less than “A-: VII”. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, will be as follows: Insurance Category Minimum Limits Workers Compensation statutory minimum Employer's Liability $1,000,000 per accident for bodily injury, personal injury and property damage Comprehensive General $1,000,000 per occurrence for bodily injury, personal injury and property damage Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage required to the extent applicable to Subrecipient’s vehicle usage in performing services hereunder) Professional Liability Subrecipient shall maintain coverage with limits not less than $1,000,000 per occurrence. Professional Liability may be written as claims-made coverage. Concurrently with the execution of this Agreement, Subrecipient will furnish City with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of comprehensive general liability and automobile liability insurance coverage, original endorsements including, without limitation: ATTY/AGR.2023.273/Mental Health Association (Spring Street Shelter) (Page 7 of 16)