4. Professional Liability Insurance; with limits no less than $1,000,000 per occurrence or
<br />claim, and $2,000,000 aggregate.
<br />If Consultant maintains broader coverage and/or higher limits than the minimum
<br />requirements for each line of coverage shown above, City requires and shall be entitled to the
<br />broader coverage and/or the higher limits maintained by Consultant. Any available insurance
<br />proceeds in excess of the specified minimum limits of insurance and coverage shall be available
<br />to City.
<br />Other Insurance Provisions
<br />The above required insurance policies are to contain or be endorsed to contain the
<br />following provisions:
<br />1. City, its City Council, its officers, officials, employees, agents, and volunteers are to
<br />be covered as additional insureds, under Consultant's CGL, Professional Liability, and
<br />Automobile Liability policies, with respect to any liability arising out of work or
<br />operations performed by or on behalf of the Instructor including materials, parts,
<br />equipment, and personnel furnished in connection with such work or operations.
<br />2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against
<br />City, its City Council, its officers, officials, employees, agents, and volunteers for
<br />losses paid under the terms of any policy which arise from work performed by
<br />Consultant under this Agreement.
<br />3. For any claims related to this contract, Consultant's insurance coverage shall be
<br />primary and any insurance maintained by City, its City Council, its officers, officials,
<br />employees, 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 Consultant's insurance shall apply separately to each insured against whom aclaim
<br />is made or snit 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) clays 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
<br />Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of
<br />Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and
<br />location of project must be included in the Description of Operations section of each
<br />certificate.
<br />Self -Insured Retentions
<br />Self -insured retentions must be declared to and approved by the City. The City may require
<br />the Consultant 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 />Page 3 of 12
<br />
|