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the event Consultant does not maintain commercial automobile Iiability insurance,
<br /> City will accept evidence of personal automobile insurance.
<br /> 3. Workers' Compensation (WIC): as required by the State of California, with
<br /> Statutory Limits, and Employer's Liability Insurance with limit of no less than
<br /> $1,000,000 per accident,policy or employee,for bodily injury or disease.Coverage
<br /> is not required if Consultant has no employees and signs request to waive such
<br /> insurance.
<br /> 4. Professional Liability Insurance (PL): with limits no less than $2,000,000 per
<br /> occurrence or claim, and $4,000,000 aggregate.
<br /> b. If Consultant maintains broader coverage and/or higher limits than the minimum
<br /> requirements for each line of coverage shown above, City shall be entitled to the
<br /> broader coverage and/or the higher limits maintained by Consultant. Where the policy
<br /> limits are greater than those listed by this Agreement, the amounts provided by the
<br /> certificates of insurance shall be incorporated by reference in to the Agreement.
<br /> c. The above required insurance policies are to contain or be endorsed to contain the
<br /> following provisions:
<br /> I. City, its City Council, its officers, officials,employees, agents, and volunteers are
<br /> to be covered as additional insureds,under Consultant's CGL,PL,and AL policies,
<br /> with respect to any liability arising out of work or operations performed by or on
<br /> behalf of the Instructor including materials, parts, equipment, and personnel
<br /> furnished in connection with such work or operations.
<br /> 2. Consultant and its Insurance company(ies) agrees to waive all rights of subrogation
<br /> against City, its City Council, its officers, officials, employees, agents, and
<br /> volunteers for losses paid under the terms of the CGL, AL, PL, and WIC policies,
<br /> arising from work performed by 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,
<br /> officials,employees, agents, or volunteers shall not contribute with it.
<br /> 4. A severability of interest provision must apply for all the additional insureds,
<br /> ensuring that Consultant's insurance shall apply separately to each insured against
<br /> whom a claim is made or suit is brought, except with respect to the insurer's limits
<br /> 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
<br /> to City. Ten (10) days prior written notice shall be provided to City for policy
<br /> cancellation or non-renewal due to non-payment of premium.
<br /> b. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa
<br /> Ana, Attention: Community Development Agency, 20 Civic Center Plaza, M-25,
<br /> Santa Ana, CA 92701. The name and location of project must be included in the
<br /> Description of Operations section of each certificate.
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