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CITY OF SANTA ANA
<br />3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance
<br />maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute
<br />with it.
<br />4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s
<br />insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with
<br />respect to the insurer’s limits of liability.
<br />5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided,
<br />reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days
<br />prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy
<br />cancellation or non-renewal due to non-payment of premium.
<br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br />Attention: (Name of Responsible Staff), 20 Civic Center Plaza (M-XX – Responsible Staff’s
<br />Department mail box), Santa Ana, CA 92701. The name and location of project must be
<br />included in the Description of Operations section of each certificate.
<br />Self-Insured Retentions
<br />Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to
<br />purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim
<br />administration, and defense expenses within the retention.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating
<br />of no less than A:VII, unless otherwise acceptable to the City.
<br />Verification of Coverage
<br />Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable
<br />policy language effecting coverage required by this clause. All certificates and endorsements are to be received
<br />and approved by the City before work commences. However, failure to obtain the required documents prior to the
<br />work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require
<br />complete, certified copies of all required insurance policies, including endorsements required by these
<br />specifications, at any time.
<br />Special Risks or Circumstances
<br />City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
<br />experience, insurer, coverage, or other special circumstances.
<br />7. 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, damages, just
<br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and
<br />claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors,
<br />agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
<br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
<br />alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
<br />effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
<br />for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
<br />action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms
<br />of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation
<br />City of Santa Ana RFP 24-051 Page 20 of 31SAMPLE
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<br />City Council 30 – 23 6/4/2024
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