FARMER'S FRIDGE (ROMAINE EMPIRE, INC.)

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Contractor through the entirety of this Contract for inspection by City representative(s) at any reasonable time. All self-insured retentions (SIRS) shall be clearly stated on the Certificate of Insurance. Any self- insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the City's Risk Manager, or designee, upon review of Contractor's current audited financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following; 1, In addition to the duty to indemnify and hold the City harmless against any and all liability, claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's performance of this Contract, Contractor shall defend the City at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2. Contractor's duty to defend,as stated above,shall be absolute and irrespective of any duty to indemnify or hold harmless; and 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor's SIR provision shall be interpreted as though the Contractor was an insurer and the City was the insured. If the Contractor fails to maintain insurance acceptable to the City for the full term of this Contract, the City may terminate this Contract. Oualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating)and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below: Coveraee Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage for owned, non-owned and hired vehicles $1,000,000 per occurrence Workers Compensation Statutory Employers Liability Insurance $1,000,000 per occurrence Network Security&Privacy* Liability $1,000,000 per claims-made) Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office(ISO) City of Santa Ana Page 4 of 24 MA-01 7-23 01 1445 Refrigerated Vending Machine Services File No.2436104 Farmer's Fridge