HomeMy WebLinkAboutSeal Rite - Insurance and Indemnity Agreement dated 02.02.23 - 08.01.23INSURANCE AND INDEMNITY AGREEMENT
THIS AGREEMENT (Agreement) is made and entered into as of this 1 st day of August
2023, (Effective Date), between the CITY OF FRESNO, a municipal corporation (City), and
Seal Rite (CONTRACTOR).
RECITALS
CITY and Saint Rest Community Economic Development Corporation
(SUBRECIPIENT) entered into an agreement February 2, 2023, to complete exterior facility
improvements to the Saint Rest Plaza; and
CONTRACTOR is performing plaza improvements for Saint Rest Community
Economic Development Corporation; and
This Agreement requires the CONTRACTOR to indemnify, hold harmless, and defend
CITY; and
The CITY and CONTRACTOR desire to enter into this Agreement to comply with any
and all insurance requirements as dictated in the Agreement with the CONTRACTOR.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual premises herein contained, and for other good and valuable
consideration hereby acknowledge, the parties agree as follows:
To the furthest extent allowed by law including California Civil Code 2782, the
CONTRACTOR shall indemnify, hold harmless and defend CITY and each of its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not
limited to personal injury, death at any time and property damage) incurred by CITY,
CONTRACTOR or any other person, and from any and all claims, demands and actions in
law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce
this agreement), arising or alleged to have arisen directly or indirectly out of performance of
this Contract. CONTRACTOR'S obligations under the preceding sentence shall apply
regardless of whether CITY or any of its officers, officials, employees, agents or volunteers
are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures,
costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY
or any of its officers, officials, employees, agents or volunteers.
If CONTRACTOR should subcontract all or any portion of the work to be performed
under this Contract, CONTRACTOR shall require each subcontractor to indemnify, hold
harmless and defend CITY and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
1. CONTRACTOR shall comply with the insurance requirements as described in
Attachment "A," attached hereto and incorporated herein by reference.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS THEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written. i
CITY:
CITY OF FRESNO,
A California municipal corporation
By:
Name: qegeanne A. White
Title: City anager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By W kjj�G'6.
i W+ I
Name: Tracy Parvanian Date
Title: Supe i g Deputy City Attorney
ry
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ATTEST:
TODD STERMER, CMC
City Clerk
CONTRACTO
Sealpite
By� jV
Name: ,mnU IA4)i
Title: _C Lo
(If co oration or LLC, Board Chair,
Presittent or Vic@ Press,
AN
Name:
Title: P%
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
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By: S/7-?123
Name:
Title: Deputy City Clerk
Attachment "A" — Insurance Requirements
2