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(4) Broader Coverage: if Consultant maintains broader coverage and/or higher limits <br />than the minimums shown above, City requires and shall be entitled to the broader <br />coverage and/or the higher limits maintained by Consultant. Any available <br />insurance proceeds in excess of the specified minimum limits of insurance and <br />coverage shall be available to City. <br />b. Other Insurance Provisions <br />The insurance policies are to contain, or be endorsed to contain, the following <br />provisions: <br />(1) CGL and SAML policies: City, its City Council, its officers, officials, employees, <br />agents, and volunteers are to be covered as additional insureds with respect to <br />liability arising out of work or operations performed by or on behalf of the <br />Consultant including materials, parts, equipment, and personnel furnished in <br />connection with such work or operations. <br />(2) All required insurance policies: Insurance company(ies) agrees to waive all rights <br />of subrogation against City, its City Council, its officers, officials, employees, <br />agents, and volunteers for losses paid under the terms of any policy which arise <br />from work performed by Consultant for City. <br />(3) All required insurance policies: For any claims related to this contract, Consultant's <br />insurance coverage shall be primary and any insurance maintained by City, its City <br />Council, its officers, officials, employees, agents, or volunteers shall not contribute <br />with it. <br />(4) All required insurance policies: A severability of interest provision must apply for <br />all the additional insureds, ensuring that Consultant's insurance shall apply <br />separately to each insured against whom a claim is made or suit is brought, except <br />with respect to the insurer's limits of liability. <br />(5) Each insurance policy required herein shall provide that coverage shall not be <br />canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the <br />carrier, or materially changed except after thirty (30) days prior written notice has <br />been given to City. Ten (10) days prior written shall be provided to City for policy <br />cancellation or non -renewal due to non-payment. <br />(6) Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa <br />Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of event <br />should be included in the Description of Operations section of each certificate. <br />(7) Acceptability of Insurers: Insurance is to be placed with insurers authorized to <br />conduct business in the state of California with a current A.M. Best rating of no <br />less than A:VII, unless otherwise acceptable to City. <br />Page 3 of 9 <br />