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(9)
<br />CITY OF SANTA ANA
<br />4. All required insurance policies: A severability of interest provision must apply for all the additional
<br />insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a
<br />claim is made or suit is brought, except with respect to the insurer's limits of liability.
<br />5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,
<br />voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except
<br />after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice
<br />shall be provided to City for policy cancellation or non -renewal due to non-payment.
<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 event should be included in the
<br />Description of Operations section of each certificate.
<br />Self -Insured Retentions
<br />Self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase
<br />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 A.M.
<br />Best rating of no less than A:VII, unless otherwise acceptable to City.
<br />Verification of Coverage
<br />Contractor 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 to Entity before work begins.
<br />However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation
<br />to provide them. City reserves the right to require complete, certified copies of all required insurance policies,
<br />including endorsements required by these specifications, at any time.
<br />Claims Made Policies
<br />If any of the required policies provide coverage on a claims -made basis:
<br />1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
<br />2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after
<br />completion of work.
<br />3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive
<br />date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of
<br />three (3) years after completion of work.
<br />Subcontractors
<br />Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated
<br />herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors.
<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 />City of Santa Ana RFP 25-116 Page 35 of 60
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