|
The City of Santa Ana did not agree to the below stated contract changes, and they
<br />were not Included in the final agreement considered for approval by the City Council.
<br />f. If Consultant fails or refuses to produce or maintain tile insurance required Vy this section
<br />or falls or refuses to furnish the City with required proof that ipaursuce has bocia proquired
<br />and is in force and paid for, tile City shall have the right, at the City's election, to
<br />forthwith terminate thi & Agreement. Such termination sball not affect Consultant's riglit
<br />to be paid for its time and materials expended prior to notification of toniiination,
<br />Consultant waives the right to receive compensation and agreesto -inderanify the City for
<br />any w"k performed prior to approval of insurmico by tile City.
<br />S. IN-DEMNIF41CATION
<br />Collsultafttugrvilstoilefe�' WI-itulcmnify and hold harmless tile, City, its.e ers aganIN
<br />ellaplbyees, contractors, special counsel, and representatives fivin liability Mo
<br />: 0),Lfor personal njury,
<br />damage,, 'ust or equitable relief arising out of claims for persousl
<br />il�ury, Including death, and daltrid,foirproperty damage, ri�aq
<br />� h o aims
<br />am go-tiagd--b 'genpq.� -epemens, f C I t, I
<br />y tile neglil cc ess
<br />_ _,% o' the 011su tan ta
<br />sUbMitIT400, AgOfitg,�Oimpldyddli, or other jiftbpris for whom ConsullAnLi-tieSAILY
<br />This
<br />and hold harmless agreement applies to al calms, for damages, just o0ripelt je
<br />.1 '1 a a n'
<br />judicial or oquitalite reflof suffmd, or alleged to have becti sufflzred��
<br />by the events.referred to in this
<br />tile extent COnsUltililts Services are sublecl to Civil C040 keotion 2782,8, t6c above Indem'n—ity
<br />shall be limited, to the extent req�flrcd by Civil Code Section 2782.8, to rialinq that arilso out ot pertain
<br />to, orrobite to tile negligencei recklessness, or willful misconduct oftbo Consultant,
<br />9. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Consultant shall defend and indemnify the City, its officers, agents, representatives, and
<br />employees agairstany and all liability, including costs, for infringement of any United Statos� . I.ctters
<br />patent, tradentark, or copyright inflkingement, including costs, contained in the work product or
<br />documents provided by Consilltant to the City pursuant to this Agreement.
<br />10. RECORDS
<br />Consultant shall keep records and Invoices in connection with Olt work to be performed tinder
<br />this Agreement, Consultant shall maintain complete and accurate records with respect to the costs
<br />incurred tinder this Agreement and any services, expendirores, and disbursements charged to the City for
<br />a minimum peri9d of three (3) years, or for any longer period required by law, 11-oni the date of final
<br />payment toConsultant tinder this Agreement. All suchrocords andinvoices shall be clearly Identifiable.
<br />Coitsultant-shall allow, -a repricsentative of the City to examine, audit, and inalco transcripts or copies of
<br />(013,57328:11 City of Santa Ana RFP
<br />PageA2-4
<br />25E-423
<br />
|