25E - AGMT - ON-CALL ENGINEERING SRVS

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" The City of Santa Ana did not agree to the below stated contract changes, and they were not included in the final agreement considered for approval by the City Council. PROPOSAL ON-CALL ENGINEERING SERVICES RFP No.: 17-083 City of Santa Ane CONTRACT AGREEMENT STATEMENT Mark Thomas has reviewed the City's Standard Consulting Services Agreement, and we respectfully note the following: 7. INSURANCE . e.lil. isertltieates-zarid-peiiEies-strsii-state-thai-t es-shah-nal-be-eanoeled-ar syn-eoverage-or- ehanged-in-arty-ether-errtateriakaspect-wthoctt-tHirty¢36)days-prtoe^wrftterrnotiee-to-tl7e-C-ity: Carriers can no longer provide 30 days prior notice when there is a reduction In coverage, 8. INDEMNIFICATION The indemnity language Included in the sample agreement In Section 8 is not compliant with Sentate Bill No. 495. It is our assumption that this verbiage will be updated to reflect the change in State law. We request that the City utilizes the indemntffcatton language shown below: Notwithstanding any clause or provision in this Agreement or any other applicable Agreement to the contrary, Consultant agrees to indemnify and hold harmless (but not defend) the Client, its officers, directors and employees from and against damages and costs that Client is legally obligated to pay, to the extent caused by the negligent act, en -or or omission of the Consultant or anyone for whom the Consultant is legally responsible, subject to any limitations of liability contained in this Agreement. Consultant shall have liability for reasonable and necessary defense costs incurred by persons indemnified to the extent caused by Consultant's negligence herein and recoverable under applicable law on account of negligence. * The City of Santa Ana did not agree to the below stated contract changes, and they were not included in the final agreement considered for approval by the City Council. 25E-623