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CITY OF SANTA ANA
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<br />2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City
<br />Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any
<br />policy which arise from work performed by Consultant under this Agreement.
<br />3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any
<br />insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall
<br />not contribute with it.
<br />4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’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 (30)
<br />days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to
<br />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, Attention:
<br />(Name of Department Staff Responsible for Agreement), Address of Department Responsible for
<br />Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the
<br />Description of Operations section of each certificate.
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<br />Self-Insured Retentions
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<br />Self-insured retentions must be declared to and approved by the City. The City may require the Consultant 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.
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<br />Acceptability of Insurers
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<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.
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<br />Verification of Coverage
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<br />Consultant shall furnish City with original Certificates of Insurance including all required amendatory
<br />endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy
<br />of the 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 Consultant’s
<br />obligation to provide them.
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<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.
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<br />Special Risks or Circumstances
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<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.
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<br />7. INDEMNIFICATION
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<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
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