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• Insurance policies required herein shall provide that coverage shall not be canceled,
<br /> suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or
<br /> materially changed except after thirty(30) days prior written notice has been given to
<br /> City. Ten(10)days prior written notice shall be provided to City for policy cancellation
<br /> or non-renewal due to non-payment of premium.
<br /> • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
<br /> Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project
<br /> must be included in the Description of Operations section of each certificate.
<br /> Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct
<br /> business in the State of California with a current A.M. Best rating of no less than A:VII, unless
<br /> otherwise acceptable to City.
<br /> Verification of Coverage. Consultant shall furnish City with original Certificates of
<br /> Insurance including all required amendatory endorsements (or copies of the applicable policy
<br /> language effecting coverage required by this clause) and a copy of the Declarations and
<br /> Endorsement Page of the CGL policy listing all policy endorsements before work begins.
<br /> However, failure to obtain the required documents prior to the work beginning shall not waive
<br /> Consultant's obligation to provide them. City reserves the right to require complete, certified
<br /> copies of all required insurance policies, including endorsements required by these specifications,
<br /> at any time.
<br /> Special Risks or Circumstances. City reserves the right to modify these requirements,
<br /> including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special
<br /> circumstances.
<br /> 7. 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 personal
<br /> injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for
<br /> personal injury, including death, and claims for property damage, which may arise from the
<br /> negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
<br /> acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br /> 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
<br /> hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial
<br /> or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in
<br /> this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
<br /> further 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 party
<br /> 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
<br /> reason of the terms of, or effects arising from this Agreement. City may make all reasonable
<br /> decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing,
<br /> to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
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<br /> City Council 10 — 7 7/16/2024
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