Laserfiche WebLink
ii. Primary Coverage- For any claims related to this contract, Attorneys' <br />insurance coverage shall be primary coverage at least as broad as ISO CG <br />20 01 04 13 as respects the City of Santa Ana, its officers, officials, <br />employees, and volunteers. Any insurance or self-insurance maintained by <br />the City of Santa Ana, its officers, officials, employees, or volunteers shall <br />be excess of Attorneys' insurance and shall not contribute with it. <br />iii. Notice of Cancellation- Certificate of Insurance shall provide thirty (30) day <br />prior written notice of cancellation in a form approved by the City. <br />Waiver of Subrogation- Attorneys hereby grant to City a waiver of any right to <br />subrogation, which any insurer of said Attorneys may acquire against the City by <br />virtue of the payment of any loss under such insurance. Attorneys agree to obtain <br />any endorsement that may be necessary to affect this waiver of subrogation, but <br />this provision applies regardless of whether or not the City has received a waiver <br />of subrogation endorsement from the insurer. <br />g. If Attorneys fail or refuse to produce and maintain the insurance required .by this <br />section, or fail or refuse to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination shall not affect <br />Attorneys' right to be paid for its time and materials expended prior to notification <br />of termination. <br />12. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, <br />its officers, agents, employees, and representatives from liability for personal injury, damages, <br />restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance <br />or conduct related to this Agreement. Since the purpose of the Attorneys' engagement is to assist <br />the City in determining the facts related to internal personnel complaints, the City agrees to the <br />following limited indemnity language. The City agrees to indemnify, defend and hold Attorneys, <br />his successors and assigns, and each of its officers and employees, harmless from any and all <br />claims, suits, demands, losses and expenses, including reasonable Attorney's fees, accruing or <br />resulting to any and all persons, firms, or other entity arising out of Attorneys' performance or <br />non-performance of its obligations under this Agreement, unless an error or erroneous omission <br />by Attorneys cause such damage or loss. The City shall not indemnify Attorneys for any matter <br />involving a claim by the City of professional negligence, or any matter for which Attorneys shall <br />have been adjudicated to have acted in bad faith or engaged in willful misconduct or any conduct <br />outside the scope of its retention under this Agreement. This Agreement in no way limits <br />Attorneys' liability for professional malpractice under the California State Bar Rules or the Rules <br />of Professional Conduct. <br />13. RELATED POST -INVESTIGATION SERVICES If Attorneys are asked or required to <br />prepare for and/or testify, including, without limitation, at deposition, trial, arbitration or any other <br />proceeding, because of servicesrendered under this Agreement, if Attorneys must respond to <br />subpoenas or discovery or otherwise respond or perform services with respect to any matter <br />relating to or arising out of the services performed for City, City agrees to pay Attorneys for all <br />time expended (including preparation time) at Attorneys' then hourly rate and to reimburse <br />Attorneys for reasonable costs and expenses incurred, whether or not the investigation has been <br />1632715.1 <br />