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representations as to the backhoe's ability to operate as expected or required by Contractor, and that Contractor shall release City from all claims which may arise from the condition of the backhoe. Contractor shall promptly advise City of any concerns regarding the condition of the backhoe. If the backhoe is damaged while being used by Contractor, Contractor shall reimburse City for the cost of any repairs or replacement reasonably needed to return the backhoe to service. i. Contractor acknowledges that the City intends to dispose of this backhoe as part of its surplus property process during 2022. After the City backhoe is no longer available, Contractor shall obtain a backhoe as needed to provide the burial services. 3. Compensation. Compensation for services shall not exceed$205,650 and shall be paid as set forth in Exhibit B, attached hereto. Payment shall be made within thirty(30) days of receipt of Contractor's invoice and approval by City. 4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers, agents and employees ("Indemnitees"), against any and all claims, costs, demands, causes of action, suits, losses, expenses, attorney's fees, or liability, arising from or in any manner related to Contractor's(includes Contractor's employees, agents, or subcontractors) negligent act or omission,whether alleged or actual,regarding the services performed or caused to be performed pursuant to this Agreement and any amendments thereto. Contractor shall not, however,be obligated to indemnify Indemnitees from Claims arising from the sole negligence or willful misconduct of Indemnitees. This indemnification includes any claim that services provided under this Agreement, or any tool, article or process used, constitutes an infringement of any patent issued by the United States. This indemnification provision shall survive termination or cancellation of the Agreement. 5. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best's rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured,the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor's policies: a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least$2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall further state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for services performed by Contractor and its subcontractors, and that no other insurance effected by City or other named insured will be called on to cover a loss. b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence. 2