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CITY OF SANTA ANA <br />RFP NO.: 24-028 <br />CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING <br />another claims -made policy form with a Retroactive Date prior to the <br />contract effective date, the Consultant must purchase "extended <br />reporting" coverage for a minimum of five (5) years after completion <br />of contract work. <br />(viii)Verification of Coverage. Consultant shall furnish the City with original <br />Certificates of Insurance including all required amendatory endorsements <br />(or copies of the applicable policy language effecting coverage required by <br />this clause) and a copy of the Declarations and Endorsement Page of the <br />CGL policy listing all policy endorsements to City before work begins. However, <br />failure to obtain the required documents prior to the work beginning shall not <br />waive the Consultant's obligation to provide them. The City reserves the right <br />to require complete, certified copies of all required insurance policies, including <br />endorsements required by these specifications, at any time. <br />(ix) Subcontractors. Consultant shall require and verify that all subcontractors <br />maintain insurance meeting all the requirements stated herein, and Consultant <br />shall ensure that City is an additional insured on insurance required from <br />subcontractors. <br />(x) Special Risks or Circumstances. City reserves the right to modify these <br />requirements, including limits, based on the nature of the risk, prior <br />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, agents, <br />employees, Consultants, special counsel, and representatives from liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br />for personal injury, including death, and claims for property damage, which may arise from the <br />negligent operations of the Consultant or its subcontractors, agents, employees, or other <br />persons acting on their 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, <br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. <br />This indemnity and hold harmless agreement applies to all claims for damages, just <br />compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, <br />by reason of the events referred to in this Section or by reason of the terms of, or effects, arising <br />from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all <br />costs for the defense of the City, including fees and costs for special counsel to be selected by <br />the City, regarding any action by a third party challenging the validity of this Agreement, or <br />asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief <br />due to personal or property rights arises by reason of the terms of, or effects arising from this <br />Agreement. City may make all reasonable decisions with respect to its representation in any <br />legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject <br />to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil <br />City of Santa Ana RFP 24-028 <br />Confined Space Rescue Services and Safety Training <br />Page 29 <br />