|
<br />"""
<br />
<br />'wi
<br />
<br />070102
<br />
<br />VIII. ASSIGNABILITY
<br />
<br />None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement
<br />shall be subcontracted or assigned to any agency, consultant, or person without the prior written
<br />consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate
<br />to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal
<br />obligations of SUBRECIPIENT pursuant to this Agreement.
<br />
<br />IX. HOLD HARMLESS
<br />
<br />SUBRECIPIENT shall indemnifY, defend and save harmless CITY, its officers, employees,
<br />agents, representatives and volunteers from and against any and all damages to or for loss of use of
<br />property and for injuries to or death of any person or persons, including property and employees or
<br />agents of CITY, and shall defend, indemnifY and save harmless CITY, its officers, employees,
<br />agents, representatives and volunteers from and against any and all claims, demands, suits, actions
<br />or proceedings of any kind or nature, including, but not by way oflimitation, workers compensation
<br />claims and including attorney fees and reasonable expenses for litigation or settlement, resulting
<br />from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its
<br />officers, directors, employees, agents, subcontractors and suppliers arising out of
<br />SUBRECIPIENT's performance of this Agreement.
<br />
<br />X. INSURANCE
<br />
<br />A. In accordance with the provisions of Section 3300 of the Labor Code, if
<br />SUBRECIPIENT has any employees it is required to be insured against liability for worker's
<br />compensation or to undertake self-insurance. Prior to commencing performance of this
<br />Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with
<br />limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor
<br />workers' compensation coverage, it must execute a Declaration available from the CITY, and
<br />update as is necessary.
<br />
<br />B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of commercial
<br />general liability insurance, or equivalent form, with a combined single limit of not less than
<br />$1,000,000 per occurrence.
<br />
<br />Such insurance shall: (J) name the City of Santa Ana, its officers, agents,
<br />representatives, employees and volunteers as additional insureds; (2) be primary with respect to
<br />insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
<br />insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit
<br />instituted arising out of SUBRECIPIENT's operations hereunder.
<br />
<br />SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement,
<br />furnish properly executed certificates of insurance and additional insured endorsement to the
<br />CITY which shall clearly evidence all coverages required above; (b) provide that such insurance
<br />
<br />10
<br />
|