If Contractor maintains broader coverage and/or higher limits than the minimum requirements
<br />for each line of coverage shown above, City shall be entitled to the broader coverage and/or the
<br />higher limits maintained by Contractor. Where the policy limits are greater than those listed by
<br />this Agreement, the amounts provided by the certificates of insurance shall be incorporated by
<br />reference in to the Agreement.
<br />Other Insurance Provisions
<br />The above required insurance policies are to contain or be endorsed to contain the following
<br />provisions:
<br />1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be
<br />covered as additional insureds, under Contractor's CGL, PL, and AL policies, with
<br />respect to any liability arising out of work or operations performed by or on behalf of the
<br />Instructor including materials, parts, equipment, and personnel furnished in connection
<br />with such work or operations.
<br />2. Contractor and it's Insurance company(ies) agrees to waive all rights of subrogation
<br />against City, its City Council, its officers, officials, employees, agents, and volunteers for
<br />losses paid under the terms of the CGL, AL, PL, and W/C policies, arising from work
<br />performed by Contractor under this Agreement.
<br />3. For any claims related to this contract, Contractor's insurance coverage shall be primary
<br />and any insurance maintained by City, its City Council, its officers, officials, employees,
<br />agents, or volunteers shall not contribute with it.
<br />4. A severability of interest provision must apply for all the additional insureds, ensuring
<br />that Contractor's insurance shall apply separately to each insured against whom a claim is
<br />made or suit is brought, except with respect to the insurer's limits of liability.
<br />5. Insurance policies required herein shall provide that coverage shall not be canceled,
<br />suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
<br />materially changed except after thirty (30) days prior written notice has been given to
<br />City. Ten (10) days prior written notice shall be provided to City for policy cancellation
<br />or non -renewal due to non-payment of premium.
<br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br />Attention: City Attorney's Office, 20 Civic Center Plaza, Santa Ana, CA 92701. The
<br />name and location of project must be included in the Description of Operations section of
<br />each certificate.
<br />Self -Insured Retentions
<br />Sell'insured retentions must be declared to and approved by the City. The City may require the
<br />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.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the State of California
<br />with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
<br />Verification of Coverage
<br />Contractor shall furnish City with original Certificates of Insurance including all required
<br />amendatory endorsements (or copies of the applicable policy language effecting coverage
<br />required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
<br />listing all policy endorsements before work begins. However, failure to obtain the required
<br />
|