|
SUBRECIPIENT shall indemnify, defend and save harness CITY, its officers, employees, agents,
<br />representatives and volunteers from and against any and all damages to or for loss of use of property and for
<br />injuries to or death of any person or persons, including property and employees or agents of CITY, and shall
<br />defend, indemnify and save harmless CITY, its officers, employees, agents, representatives mid volunteers
<br />from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including,
<br />but not by way of limitation, workers compensation claims and including attorney fees and reasonable
<br />expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
<br />omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising
<br />out of SUBRECIPMNT's performance of this Agreement.
<br />X. T LURANC�
<br />1. Commercial General Liability SUBRECIPIENT agrees to obtain and keep in force
<br />during the tenn of this Agreement a policy of comprehensive commercial public liability insurance
<br />insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of
<br />or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million
<br />Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or
<br />occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at
<br />least thirty (30) days written notice prior to cancellation; name CPTY, its officers, agents, employees, and
<br />volunteers; additional insured; and state that such coverage is primary to any other coverage or self-
<br />insurance and CITY. Governmental entities may provide proof of self-insurance.
<br />(a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
<br />representatives, employees and volunteers as additional insured's; (2) be primary with respect to
<br />insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
<br />insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted
<br />arising out of SUBRECR'IENT's operations hereunder.
<br />(b) SUBRECIPIENT shall: (1) prior to exercising any right under this
<br />Agreement, famish properly executed certificates of insurance and additional insured endorsement to the
<br />CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not
<br />be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such
<br />insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring
<br />prior to the expiration of this Agreement
<br />2. Automobile Liability overage. SUBRECIPIENT shall also obtain and maintain, during
<br />the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit
<br />unless reduced by CITY, which applies to both owrned/leased and non -owned automobiles used by
<br />SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that
<br />SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees,
<br />participants or other agents to utilize their own automobiles in the performance of this Agreement,
<br />SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as
<br />self -certification of automobile insurance coverage. Governmental entities may provide proof of self-
<br />insurance.
<br />3. Workers' Cornnensation. If SUBRECIPIENT is an "employer", as set forth in California
<br />Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor
<br />Code Section 3350 or seq., SUBRECIPIENT shall obtain and keep in force during the term of this
<br />Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said
<br />insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or
<br />modification.
<br />12
<br />
|