|
Representative or designees: CONSULTANT Primary Representative /Project Manager shall be:
<br />Julia Erdkamp, Client Services Manager
<br />7625 N. Palm Ave., Ste. 108, Fresno, CA 93711
<br />Phone: (559) 276 -2901 / Email: Julia.Erdkamp(a MuniServices,com
<br />For the convenience of the CITY, a short list of helpful contacts is attached and incorporated herein as
<br />EXHIBIT E.
<br />Representative or designees: City of Santa Ana's Primary Representative /Project Manager shall be:
<br />Willard Holt, Treasury and Customer Services Manager
<br />20 Civic Center Plaza, Room 1105, Santa Ana, CA 92701
<br />Phone: (714) 647 -5456 / Email: wholt(a Santa- ana.orq
<br />3.7. Indemnity: CONSULTANT shall indemnify, defend, and hold harmless the CITY, its officers,
<br />agents, and employees, from and against any and all claims, liabilities, and losses whatsoever
<br />(including damages to property and injuries to or death of persons, court costs, and reasonable
<br />attorneys' fees) to extent occurring or resulting from CONSULTANT'S negligent or unlawful
<br />performance of its obligations under or breach of the terms of this Agreement, unless such claims,
<br />liabilities, or losses arise out of, or are caused at least in part by the sole negligence or willful
<br />misconduct of the CITY. "CONSULTANT'S performance" includes CONSULTANT'S action or inaction
<br />and the action or inaction of CONSULTANT'S officers, employees, agents and subcontractors.
<br />3 -8. Limitation of Liability: In no event shall CONSULTANT, its employees, contractors, directors,
<br />affiliates and /or agents be liable for any special, incidental, or consequential damages, such as, but not
<br />limited to, delay, lost data, disruption, and loss of anticipated profits or revenue arising from or related
<br />to the services, whether liability is asserted in contract or tort, and whether or not CONSULTANT has
<br />been advised of the possibility of any such loss or damage. In addition, CONSULTANT'S total liability
<br />hereunder, including reasonable attorneys' fees and costs, shall in no event exceed an amount equal to
<br />the fees described in EXHIBIT B, except as otherwise provided for in Section 7 of this Agreement. The
<br />foregoing sets forth the CITY'S exclusive remedy for claims arising from or out of this Agreement. The
<br />provisions of this section allocate the risks between CONSULTANT and the CITY and CONSULTANT'S
<br />pricing reflects the allocation of risk and limitation of liability specified herein,
<br />3 -9. Insurance: CONSULTANT shall keep in full force and effect insurance coverage during the
<br />term of this Agreement, including without limitation statutory workers' compensation insurance;
<br />employer's liability and commercial general liability insurance (CGL); comprehensive automobile liability
<br />insurance; professional liability and fidelity insurance. The insurance certificate shall name the City, its
<br />agents, officers, servants and employees as additional insureds under the CGL policy with respect to
<br />the operations and work performed by the named insured as required by written contract. The General
<br />Liability policy is Primary & Non - Contributory. Waiver of Subrogation applies under the General Liability
<br />and Workers' Compensation policies. The CGL insurance minimum coverage shall be at least
<br />$1,000,000 per incident, claim or occurrence and $2,000,000 aggregate. The Automobile Liability
<br />insurance minimum coverage shall be at least $1,000,000 covering all owned, non - owned, and hired
<br />vehicles. The certificate shall provide that there will be no cancellation, termination, or non - renewal of
<br />the insurance coverage without a minimum 30 -day written notice to the CITY, except in the case of
<br />cancellation for non - payment of premium which shall be at least 10 -days written notice. CONSULTANT
<br />shall supply CITY with a fully executed additional insured endorsement in substantially the form
<br />attached hereto as Exhibit F upon execution of this Agreement and shall be approved in form by the
<br />CITY Attorney.
<br />3
<br />55B -9
<br />
|