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Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses
<br />and related investigations, claim administration, and defense expenses within the retention. The
<br />policy language shall provide, or be endorsed to provide, that the self -insured retention may be
<br />satisfied by either the named insured or Entity.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state with a current
<br />A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
<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.
<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.
<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.
<br />8. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, contractors, special counsel, and representatives from liability: (1) for
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising
<br />out of claims for personal injury, including death, and claims for property damage, which
<br />may arise from the negligent operations of the Contractor, its subcontractors, agents,
<br />employees, or other persons acting on its behalf which relates to the services described in
<br />section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or
<br />effects arising from this Agreement. This indemnity and hold harmless agreement applies
<br />to all claims for damages, just compensation, restitution, judicial or equitable relief
<br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section
<br />or by reason of the terms of, or effects, arising from this Agreement. The Consultant further
<br />agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
<br />fees and costs for special counsel to be selected by the City, regarding any action by a third
<br />party challenging the validity of this Agreement, or asserting that personal injury, damages,
<br />just compensation, restitution, judicial or equitable relief due to personal or property rights
<br />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.
<br />Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code
<br />Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
<br />Page 5 of 10
<br />City of Santa Ana RFP 23-182
<br />Page A2 - 5
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