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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 /> 2. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after
<br /> completion of work.
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<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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