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<br />Page 5 of 7 <br /> <br /> 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 <br />costs payable in addition to policy limits. There shall be no cross liability exclusions. These <br />requirements do not apply to Professional Liability. <br /> <br /> h. Subconsultants. Consultant shall include all subconsultants as insured under its polices <br />or shall furnish separate certificates and endorsements for each subconsultant. All coverages for <br />subconsultants shall be subject to all of the requirements stated in this Agreement, including but <br />not limited naming additional insureds. <br /> <br />15. Notices. All notices herein required shall be in writing and shall be sent by certified or <br />registered mail, postage prepaid, addressed as follows: <br /> <br />To Consultant: _____________________ To City: City Manager <br /> _____________________ City of Pleasanton <br /> _____________________ 123 Main Street, P.O. Box 520 <br /> _____________________ Pleasanton, CA 94566 <br /> <br />16. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, <br />State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the <br />employment of persons or in the provision of services under this Agreement on the basis of any <br />legally protected classification, including race, color, national origin, ancestry, sex or religion of <br />such person. <br /> <br />17. Licenses, Certifications, Copyrights and Permits. Prior to the City's execution of this <br />Agreement and prior to the Consultant's engaging in any operation or activity set forth in this <br />Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in <br />effect during the term of this Agreement. Consultant represents that its work will not unlawfully <br />infringe any other copyrighted work. Consultant covenants that it has obtained all certificates, <br />licenses, permits and the like required to perform the services under this Agreement. <br /> <br />18. 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 <br />time during normal business hours, the records shall be made available to the City to inspect and <br />audit. <br /> <br />19. Confidentiality. Consultant shall exercise reasonable precautions to prevent the <br />unauthorized disclosure and use of City reports, information or conclusions. <br /> <br />20. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has <br />no financial interest with any official, employee or other representative of the City. Consultant <br />and its principals do not have any financial interest in real property, sources of income or <br />investment that would be affected in any manner by the performance of Consultant’s services <br />under this Agreement. If such an interest occurs, Consultant will immediately notify the City. <br /> <br />Page 53 of 373