has been given to City. Ten (10) days prior written notice shall be provided to City for
<br />policy 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
<br />Ana, Attention: Rosie Perez, 20 Civic Center Plaza, M-13, Santa Ana, 92701. The
<br />name and location of project must be included in the Description of Operations section
<br />of each certificate.
<br />Self -Insured Retentions: Self -insured retentions must be declared to and approved by
<br />the City. The City may require Consultant to purchase coverage with a lower retention
<br />or provide proof of ability to pay losses and related investigations, claim
<br />administration, and defense expenses within the retention.
<br />8. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
<br />conduct business in the state with a current A.M. Best's rating of no less than A-'VII,
<br />imless otherwise acceptable to the City.
<br />9. Verification of Coverage: Consultant shall furnish the City with original Certificates
<br />of Insurance including all required amendatory endorsements (or copies of the
<br />applicable policy language effecting coverage requiredby this clause) and a copy of the
<br />Declarations and Endorsement Page of the CGL policy listing all policy endorsements
<br />to City before work begins. However, failure to obtain the required documents prior to
<br />the work beginning shall not waive the Consultant's obligation to provide them.
<br />The City reserves the right to require complete, certified copies of all required insurance
<br />policies,including endorsements required by these specifications, at any time.
<br />10. Special Risks or Circumstances: City reserves the right to modify these requirements,
<br />including limits, based on the nature of therisk, prior experience, insurer, coverage, or
<br />other special circumstances.
<br />7. INDEMNIFICATION
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its City Council,
<br />officers, officials, agents, employees, contractors, special counsel, volunteers, and representatives from
<br />liability: (1) for 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 may arise from
<br />the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting
<br />on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim
<br />that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason
<br />of Consultant's breach of this Agreement. This indemnity and hold harmless agreement applies to all third
<br />party claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
<br />have been suffered, by reason of the events referred to in this Section. The Consultant further agrees to
<br />indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special
<br />counsel to be selected by the City, regarding any covered action. City may make all reasonable decisions
<br />with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent
<br />Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
<br />
|