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Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses
<br /> and related investigations, claim administration, and defense expenses within the retention. The
<br /> policy language shall provide, or be endorsed to provide, that the self-insured retention may be
<br /> satisfied by either the named insured or Entity.
<br /> Acceptability of Insurers
<br /> Insurance is to be placed with insurers authorized to conduct business in the state with a current
<br /> A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
<br /> Verification of Coverage
<br /> Contractor shall furnish the Entity with original Certificates of Insurance including all required
<br /> amendatory endorsements(or copies of the applicable policy language effecting coverage required
<br /> by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing all
<br /> policy endorsements to Entity before work begins. However, failure to obtain the required
<br /> documents prior to the work beginning shall not waive the Contractor's obligation to provide them.
<br /> The Entity reserves the right to require complete,certified copies of all required insurance policies,
<br /> including endorsements required by these specifications, at any time.
<br /> Special Risks or Circumstances
<br /> Entity reserves the right to modify these requirements, including limits,based on the nature of the
<br /> risk, prior experience, insurer, coverage, or other special circumstances.
<br /> 8. INDEMNIFICATION
<br /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br /> agents, employees, contractors, special counsel, and representatives from liability: (1) for
<br /> personal injury,damages,just compensation, restitution,judicial or equitable relief arising
<br /> out of claims for personal injury, including death, and claims for property damage, which
<br /> may arise from the negligent operations of the Contractor, its subcontractors, agents,
<br /> employees, or other persons acting on its behalf which relates to the services described in
<br /> section 1 of this Agreement; and (2) from any claim that personal injury, damages,just
<br /> compensation, restitution,judicial or equitable relief is due by reason of the terms of or
<br /> effects arising from this Agreement. This indemnity and hold harmless agreement applies
<br /> to all claims for damages, just compensation, restitution, judicial or equitable relief
<br /> suffered,or alleged to have been suffered,by reason of the events referred to in this Section
<br /> or by reason of the terms of,or effects,arising from this Agreement. The Consultant further
<br /> agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
<br /> fees and costs for special counsel to be selected by the City,regarding any action by a third
<br /> party challenging the validity of this Agreement,or asserting that personal injury,damages,
<br /> just compensation,restitution,judicial or equitable relief due to personal or property rights
<br /> arises by reason of the terms of, or effects arising from this Agreement. City may make all
<br /> reasonable decisions with respect to its representation in any legal proceeding.
<br /> Notwithstanding the foregoing,to the extent Contractor's services are subject to Civil Code
<br /> Section 2782.8, the above indemnity shall be limited,to the extent required by Civil Code
<br /> Page 5 of 10
<br /> City of Santa Ana RFP 23-182
<br /> Page A2 -5
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