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f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the <br />City, its officers, employees and agents. <br /> <br />g. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs <br />payable in addition to policy limits. There shall be no cross-liability exclusions. <br /> <br />h. Subcontractors. Consultant shall include all subcontractors as insured under its policies or <br />shall furnish separate certificates and endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all of the requirements stated in this Agreement, including <br />but not limited naming additional insureds. <br /> <br />13. Notices. All notices herein required shall be in writing and shall be sent by certified or registered <br />mail, postage prepaid, addressed as follows: <br /> <br />To Consultant: To City: City Manager <br />City of Pleasanton <br /> P.O. Box 520 <br />Pleasanton, CA 94566 <br /> <br />14. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and <br />Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons <br />or in the provision of services under this Agreement on the basis of any legally protected classification, <br />including race, color, national origin, ancestry, sex or religion of such person. <br /> <br />15. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to <br />the Consultant’s engaging in any operation or activity set forth in this Agreement, Consultant shall <br />obtain a City of Pleasanton business license, which must be kept in effect during the term of this <br />Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like <br />required to perform the services under this Agreement. <br /> <br />16. Records and Audits. Consultant shall maintain all records regarding this Agreement and the <br />services performed for a period of three years from the date that final payment is made. At any time <br />during normal business hours, the records shall be made available to the City to inspect and audit. <br /> <br />17. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized <br />disclosure and use of City reports, information or conclusions. <br /> <br />18. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no <br />financial interest with any official, employee or other representative of the City. Consultant and its <br />principals do not have any financial interest in real property, sources of income or investment that would <br />be affected in any manner of degree by the performance of Consultant’s services under this <br />Agreement. If such an interest arises, Consultant will immediately notify the City. <br /> <br />19. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by <br />the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, <br />whether of the same or of any other covenant, condition or obligation. <br />Davis, CA 95618 <br />2020 Research Park Dr. Ste 100 <br />West Yost Associates <br />Docusign Envelope ID: 0F3360EC-0957-4BAE-961E-506A072901B6