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Consulting Services Agreement between City of San Leandro and 4/7/2025 <br />Pascuzzo/Pate Golf Design Exhibit B – Page 2 of 2 <br />H.Acceptance by City of insurance certificates and endorsements required under this Agreement does <br />not relieve Consultant from liability under this indemnification and hold harmless clause. This <br />indemnification and hold harmless clause shall apply to any damage or claim for damages whether or <br />not such insurance policies have been determined to apply. <br />I.In the event that Consultant or any employee, agent, or subcontractor of Consultant providing <br />services under this Agreement is determined by a court of competent jurisdiction or the California <br />Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an <br />employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of <br />any employee and/or employer contributions for PERS benefits on behalf of Consultant or its <br />employees, agents, or subcontractors, as well as for the payment of any penalties and interest on <br />such contributions, which would otherwise be the responsibility of City. <br />J.Notwithstanding Sections A through I, to the extent that the services under this Agreement include <br />design professional services subject to California Civil Code Section 2782.8, as may be amended from <br />time to time, Consultant’s duty to indemnify and defend shall only be to the maximum extent permitted <br />by California Civil Code 2782.8. <br />K.Notwithstanding Sections A through I, to the extent this Agreement is a “construction contract” as <br />defined by California Civil Code Section 2782, as may be amended from time to time, such duties of <br />Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code <br />Section 2782. <br />Docusign Envelope ID: 0D529D13-8AB3-4EFC-96F1-517D568830FE