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REV: 02-07-25 LF
<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.
<br />This Paragraph 17 will survive the termination of this Agreement.
<br />18. INSURANCE. Subrecipient shall obtain and maintain for the duration of the
<br />Agreement and any and all amendments, insurance against claims for injuries to persons
<br />or damage to property which may arise out of or in connection with performance of the
<br />services and or project by Subrecipient or Subrecipient’s officers, agents, representatives,
<br />employees or subcontractors. The insurance carrier is required to maintain an A.M. Best
<br />rating of not less than “A-:VII”.
<br />a. Coverages and Limits. Subrecipient, at its sole expense, shall maintain the
<br />types of coverages and minimum limits indicated below. These minimum amounts
<br />of coverage will not constitute any limitations or cap on Subrecipient's
<br />indemnification obligations under this Agreement.
<br />i. Commercial General Liability Insurance. Subrecipient shall maintain
<br />occurrence based coverage with limits not less than $1,000,000 per
<br />occurrence, $2,000,000 general aggregate, $2,000,000 products and
<br />completed operations aggregate. If the submitted policies contain
<br />aggregate limits, such limits will apply separately to the services, project,
<br />or location that is the subject of this Agreement or the general aggregate
<br />will be doubled. The Commercial General Liability insurance policy shall
<br />be endorsed to name the City, its Council, officers, boards,
<br />commissions, agents, employees and volunteers as additional insureds,
<br />and to state and be endorsed that the insurance will be primary and not
<br />contribute with any insurance or self-insurance maintained by the City.
<br />Coverage shall allow and be endorsed to include a waiver of subrogation
<br />in favor of the City, its Council, officers, boards, commissions, agents,
<br />employees and volunteers.
<br />ii. Business Automobile Liability Insurance. Subrecipient shall maintain
<br />coverage with limits not less than $1,000,000 per each accident and in
<br />the aggregate for owned, hired and non-owned automobiles.
<br />iii. Workers' Compensation and Employer's Liability Insurance.
<br />Subrecipient shall maintain coverage as required by the California Labor
<br />Code and Employer’s Liability limits with limits not less than $1,000,000
<br />per each accident for bodily injury or disease. The Worker’s
<br />Compensation policy shall contain an endorsement stating that the
<br />insurer waives any right to subrogation against the City, its Council,
<br />officers, boards, commissions, agents, employees, and volunteers. The
<br />ATTY/AGR.2025.019/First Community Housing (Villa Montgomery - Elevator Rehab Project) (Page 8 of 26)
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