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(9)
<br />CITY OF SANTA ANA
<br />4.A severability of interest provision must apply for all the additional insureds, ensuring that Vendor's
<br />insurance shall apply separately to each insured against whom a claim is made or suit is brought, except
<br />with 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
<br />(30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided
<br />to City for 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 Ana, 20 Civic Center
<br />Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of
<br />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 Vendor 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 of California with a current
<br />A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
<br />Verification of Coverage
<br />Vendor shall furnish City with original Certificates of Insurance including all required amendatory endorsements
<br />(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the
<br />Declarations and 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 Vendor's obligation
<br />to provide them.
<br />City reserves the right to require complete, certified copies of all required insurance policies, including
<br />endorsements required by these 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 />in any legal proceeding. 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 Section 2782.8, to claims
<br />that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
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