|
i
<br /> {JS
<br /> . I
<br /> damage to or destruction of electronic information,and alteration of electronic
<br /> information.The policy shall provide coverage for Consultant's failure to provide
<br /> professional services and/or products under this Agreement, The Policy shall include, or
<br /> be endorsed to include,damage to, alteration of,loss of,or destruction of electronic data
<br /> and/or information"property"of Customer in the care,custody, or control of Consultant.
<br /> If Consultant maintains broader coverage and/or higher limits than the minimum requirements
<br /> for each line of coverage shown above, City requires and shall be entitled to the broader
<br /> coverage and/or the higher limits maintained by Consultant.Any available insurance proceeds in
<br /> excess of the specified minimum limits of insurance and coverage shall be available to City.
<br /> Other Insurance Provisions
<br /> The above required insurance policies are to contain or be endorsed to contain the following
<br /> provisions:
<br /> 1, City,its City Council, its officers,officials, employees,agents, and volunteers are to be
<br /> covered as additional insureds,under Consultant's CGL and AL policies,with respect to
<br /> any liability arising out of work or operations performed by or on behalf of the
<br /> Consultant including materials,parts, equipment, and personnel fiirnished in connection
<br /> with such work or operations.
<br /> 2. Consultant's Insurance company(ics)agrees to waive all rights of subrogation against
<br /> City,its City Council,its officers, officials, employees,agents, and volunteers for losses
<br /> paid under the terms of Consultant's CGL,AL,and WC policies which arise from work
<br /> performed by Consultant under this Agreement.
<br /> 3. For any claims related to this contract, Consultant's insurance coverage shall be primary
<br /> and any insurance maintained by City, its City Council,its officers, officials, employees,
<br /> agents, or volunteers shall not contribute with it.
<br /> 4. A severability of interest provision must apply for all the additional insureds, ensuring
<br /> that Consultant's insurance shall apply separately to each insured against wham a claim
<br /> is made or suit is brought, except with respect to the insurer's limits 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 to
<br /> City.Ten(10)days prior written notice shall be provided to City for policy cancellation
<br /> or non-ronewal due to non-payment of premium.
<br /> 6. Certificate Holder on.each.Evidence of Insurance certificate shall be: City of Santa Ana,
<br /> Attention: (Luisa Mendoza.,Acting Risk Manager),City of Santa Ana,Human
<br /> Resources Agency, 20 Civic Center Plaza,P.O. Box 1988,M-24,Santa Ana,CA 92701.
<br /> The name and location of project must be included in the Description of Operations
<br /> section of each certificate,
<br /> Self-Insured Retentions
<br /> Self-insured retentions must be declared to and approved by the City.The City may.require the
<br /> Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
<br /> and related investigations, claim admixnistratioa, and defense expenses within the retention.
<br /> i
<br />
|