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The City of Santa Ana did not agree to the below stated contract changes, and they <br />were not included in the final agreement considered for approval by the City Council. <br />PROPOSAL ON -CALL ENGINErRING SERVICES <br />RFP M: 17-083 <br />City of Santa Ana <br />CONTRACT AGREEMENT STATEMENT <br />Mark Thomas has reviewed the City's Standard Consulting Services Agreement, and we respectfully note the <br />following: <br />7. INSURANCE <br />Carriers can no longer provide 30 days prior notice when there is a reduction In coverage, <br />8. INDEMNIFICATION <br />The indemnity language Included In the sample agreement In Section 8 Is not compliant with Sentate Bill No. <br />496. It Is our assumption that this verbiage will be updated to reflect the change In State law. <br />We request that the City utilizes the Indemintficallon language shown below; <br />Notwithstanding any clause or provision !it this Agreement or any other applicable Agreement to the contrary, <br />Consultant agrees to Indemnify and hold harmless (but not defend) the Client, its officers, directors and <br />employees from and against damages and costs that Client is legally obligated to pay, to the extent caused <br />by the negligent act, en -or or ornission of the Consultant or anyone for whom the Consultant is legally <br />responsible, subject to any limitations of liability contained in this Agreement. Consultant shall have liability <br />for reasonable and necessary defense costs Incurred by persons indemnified to the extent caused by <br />C011SUltant's negligence herein and recoverable under applicable law on account of negligence, <br />The City of Santa Ana did not agree to the below stated contract changes, and they <br />were not included In the final agreement considered for approval by the City Council. <br />25E-623 <br />