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 />
|