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limits not less than $1,000,000 per accident.
<br />The following requirements apply to the insurance to be provided by Developer pursuant to this
<br />section:
<br />Commercial general liability and business automobile insurance policies shall (a) name the
<br />City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
<br />programs maintained by the City; and (c) contain standard separation of insureds
<br />provisions. A sample additional insured endorsement is attached hereto as Exhibit B.
<br />Developer shall maintain all insurance required above in full force and effect for the entire
<br />period covered by this Agreement.
<br />Certificates of insurance shall be furnished to the City upon execution of this Contract and
<br />shall be approved in form by the City Attorney.
<br />c. Certificates and policies shall state that the policies shall not be canceled or reduced in
<br />coverage or changed in any other material aspect without thirty (30) days prior written notice
<br />to the City.
<br />2. If Developer fails or refuses to produce or maintain the insurance required by this section or fails
<br />or refuses to furnish the City with required proof that insurance has been procured and is in force
<br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this
<br />Contract. Such termination shall not affect Developer's right to be paid for its time and materials
<br />expended prior to notification of termination. Developer waives the right to receive
<br />compensation and agrees to indemnify the City for any work performed prior to approval of
<br />insurance by the City.
<br />B. HOLD HARMLESS/ INDEMNIFICATION
<br />To the fullest extent permitted by law, Developer shall indemnify, defend and hold harmless City, its
<br />officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all
<br />claims (including, without limitation, claims for bodily injury, death or damage to property), demands,
<br />obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
<br />costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of
<br />every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from
<br />or in any manner relate (directly or indirectly) to any work performed or services provided under this
<br />Contract (including, without limitation, defects in workmanship and/or materials) or Developer's
<br />presence or activities conducted performing the work (including the negligent and/or willful acts,
<br />errors and/or omissions of Developer, its principals, officers, agents, employees, vendors, suppliers,
<br />contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts
<br />they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be
<br />construed to require Developer to indemnify the Indemnified Parties from any Claim arising from the
<br />sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
<br />construed as authorizing any award of attorney's fees in any action on or to enforce the terms of the
<br />Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance
<br />policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification
<br />to be provided by the Developer.
<br />City of Santa Ana Community Development Agency
<br />Request for Proposals for Affordable Housing Development
<br />Page 14
<br />19E-17
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