|
VI. Indemnification.
<br /> A. Professional Liability. Relative to any and all claims, losses, damages. liability and cont,
<br /> the Service Provider agrees to indemnify, defend and save Municipality, its officers,
<br /> officials, and employees harmless from and against any and all suits,actions or claims for
<br /> property losses, damages or personal injury claimed to arise from a negligent act, error or
<br /> omission by the Service Provider or its employees.
<br /> B. Non-Professional Liability(General Liability). To the fullest extent permitted by law,the
<br /> Service Provider shall indemnify, defend and hold harmless Municipality, its officers,
<br /> officials, employees or any combination thereof, from and against claims, damages,
<br /> losses and expenses, including but not limited to attorneys' fees, arising out of the acts or
<br /> omissions of the Service Provider, provided that such claim, damage, loss or expenses is
<br /> attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
<br /> property(other than the work itself) including loss of use resulting therefrom, but only to
<br /> the extent caused to in whole or in part-by the acts or omissions of the Service Provider,
<br /> any subconsultant(s) of the Service Provider, its agents, or anyone directly or indirectly
<br /> employed by them or anyone for whose acts they may be liable, regardless of whether or
<br /> not such claim damage, loss or expense is caused in part by a party indemnified
<br /> hereunder. Such obligations shall not be construed to negate, abridge, or reduce other
<br /> rights or obligations of indemnity which would otherwise exist as to a party or person
<br /> described in this paragraph. Municipality shall be held harmless for any damage to the
<br /> Service Provider's property and/or equipment during the course of performance under the
<br /> Contract.
<br /> VII. Insurance.
<br /> A. The Service Provider shall secure and maintain, at his/her/its own expense, errors and
<br /> ornissions insurance in an amount not less than One Million Dollars ($1,000,000.00) per
<br /> claim/annual aggregate to protect itself from any claim arising out of the performance of
<br /> professional services and caused by negligent acts or omissions for which the Service
<br /> Provider may be legally responsible, with a deductible not to exceed $50,000 without
<br /> prior written approval. The Service Provider shall maintain said coverage for the entire
<br /> contract period and for a minimum of one year after completion of the work under the
<br /> contract.
<br /> B. In addition to errors and ornissions insurance, the Service Provider shall also secure and
<br /> maintain, at his/her own expense, insurance which complies with the requirements set
<br /> forth in Exhibit A to this contract, attached hereto and incorporated as though fully set
<br /> forth herein.
<br /> E. The above referenced insurance shall be maintained in full force and effect during the life
<br /> of this Contract and for one year beyond, where specified.
<br /> VIII. Right to Audit
<br /> A. Service Provider guarantees that the individuals employed by the Service Provider in any
<br /> capacity, including but not limited to, employees, subcontractors and independent
<br /> contractors, are authorized to work in the United States. The Service Provider represents
<br /> that it has completed the I-9 verification process for all individuals the Service Provider
<br /> has performing services for Municipality. Municipality maintains the right to audit the
<br /> 4
<br />
|