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3. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any auto, with limits no less
<br />than $1,000,000 combined single limits.
<br />4. Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability
<br />insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease.
<br />If Spectrum maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage,
<br />Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Company. Any
<br />available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available
<br />to Customer.
<br />Other Insurance Provisions
<br />The above required insurance policies are to contain or be endorsed to contain the following provisions:
<br />City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as
<br />additional insureds, under Spectrum's CGL, and E&O policies, with respect to any liability arising out of work or
<br />operations performed by or on behalf of the Company including materials, parts, equipment, and personnel furnished
<br />in connection with such work or operations.
<br />Spectrum's Insurance companies agree to waive all rights of subrogation against the City of Santa Ana, its City Council,
<br />its officers, officials, employees, agents and volunteers for losses paid under the terms of any policy which arise from
<br />work performed by Spectrum under this Service Agreement.
<br />For any claims related to this contract, Spectrum's insurance coverage shall be primary, and any insurance maintained
<br />by Customer, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
<br />A severability of interest provision must apply for all the additional insureds, ensuring that Spectrum's insurance shall
<br />apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the insurer's
<br />limits of liability.
<br />Thirty (30) days' prior written notice shall be provided to Customer for material change(s) to coverage and/or policy
<br />limits, policy cancellation or non -renewal.
<br />Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department
<br />Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff's Department Mail Box), Santa Ana,
<br />CA 92701. The name and location of project must be included in the Description of Operations section of each
<br />certificate.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M.
<br />Best rating of no less than A-:VII, unless otherwise acceptable to Customer.
<br />Claims Made Policies
<br />If any of the required policies provide coverage on a claims -made basis:
<br />1. The retroactive date must be shown and must be before the date of the contract.
<br />Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after
<br />completion of work.
<br />3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive
<br />date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of
<br />three (3) years after completion of work.
<br />Verification of Coverage
<br />Company shall furnish Customer with original Certificates of Insurance including all required amendatory
<br />endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain
<br />the required documents prior to the work beginning shall not waive Company's obligation to provide them.
<br />Special Risks or Circumstances
<br />Enterprise Terms of Service v 240607 CONFIDENTIAL Page 14 of 15
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