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CITY OF SANTA ANA
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<br />If any of the required policies provide claims-made coverage:
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<br />4. The Retroactive Date must be shown, and must be before the date of the contract or the
<br />beginning of contract work.
<br />5. Insurance must be maintained and evidence of insurance must be provided for at least five
<br />(5) years after completion of the contract of work.
<br />6. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
<br />form with a Retroactive Date prior to the contract effective date, the Contractor must
<br />purchase “extended reporting” coverage for a minimum of five (5) years after completion of
<br />work.
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<br />Verification of Coverage
<br />Contractor shall furnish the Entity with original Certificates of Insurance including all required
<br />amendatory endorsements (or copies of the applicable policy language effecting coverage required
<br />by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
<br />policy endorsements to Entity before work begins. However, failure to obtain the required
<br />documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
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<br />The Entity reserves the right to require complete, certified copies of all required insurance policies,
<br />including endorsements required by these specifications, at any time.
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<br />Special Risks or Circumstances
<br />Entity reserves the right to modify these requirements, including limits, based on the nature of the
<br />risk, prior experience, insurer, coverage, or other special circumstances.
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<br />INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including death, and claims for property damage, which may arise from the negligent operations
<br />of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which
<br />relates to the services described in section 1 of this Agreement; and (2) from any claim that personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms
<br />of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all
<br />claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have
<br />been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects,
<br />arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
<br />costs for the defense of the City, including fees and costs for special counsel to be selected by the City,
<br />regarding any action by a third party challenging the validity of this Agreement, or asserting that personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property
<br />rights arises by reason of the terms of, or effects arising from this Agreement. City may make all
<br />reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the
<br />foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above
<br />indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
<br />pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
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<br />INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees
<br />against any and all liability, including costs, for infringement of any United States’ letters patent, SAMPLECity of Santa Ana RFP No. 23-090A Page 28 of 47
<br />EXHIBIT 1
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