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5. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Vendor shall maintain and shall
<br />require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Vendor shall maintain commercial general liability
<br />insurance naming the City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s) and shall include, but not be limited to protection against claims arising from bodily and
<br />personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of Vendor's operations in the performance of this Agreement, including, without
<br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single
<br />limit coverage applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its
<br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and
<br />not contributory with respect to insurance or self-insurance programs maintained by the City; and (c)
<br />contain standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -
<br />owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br />Labor Code, Vendor, if Vendor has any employees, is required to be insured against liability for worker's
<br />compensation or to undertake self-insurance. Prior to commencing the performance of the work under this
<br />Agreement, Vendor agrees to obtain and maintain any employer's liability insurance with limits not less
<br />than $1,000,000 per accident.
<br />The following requirements apply to the insurance to be provided by Vendor pursuant to this
<br />section:
<br />(i) Vendor shall maintain all insurance required above in full force and effect for the
<br />entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of this
<br />Agreement and shall be approved in form by the City Attorney.
<br />(iii) Certificates and policies shall state that the policies shall not be canceled or reduced
<br />in coverage or changed in any other material aspect without thirty (30) days prior written notice to the
<br />City.
<br />e. If Vendor fails or refuses to produce or maintain the insurance required by this section or fails
<br />or refuses to furnish the City with required proof that insurance has been procured and is in force and paid
<br />for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
<br />termination shall not effect Vendor's right to be paid for its time and materials expended prior to
<br />notification of termination. Vendor waives the right to receive compensation and agrees to indemnify the
<br />City for any work performed prior to approval of insurance by the City.
<br />6. INDEMNIFICATION
<br />Vendor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees,
<br />Vendors, special counsel, and representatives from liability: (1) for personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including
<br />death, and claims for property damage, which may arise from the direct or indirect operations of the
<br />City of Santa Ana Page 4 of 8
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