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Last modified
6/23/2021 9:21:41 AM
Creation date
6/23/2021 9:12:40 AM
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Contracts
Company Name
BREEZE CREATIVE
Contract #
A-2021-089-01
Agency
Parks, Recreation, & Community Services
Council Approval Date
6/15/2021
Expiration Date
12/31/2023
Insurance Exp Date
1/1/1900
Destruction Year
2028
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c. <br />Q <br />e. <br />f. <br />1 (any auto), or if Instructor has no owned autos, Code 8 (hired) and 9 (non -owned), with <br />limits no less than $1,000,000 per accident for bodily injury and property damage. (Note <br />required only if auto is used in performance of work). <br />Workers' Compensation: as required by the State of California, with Statutory Limits, and <br />Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily <br />injury or disease. <br />Sexual Abuse or Molestation (SAM Liability: If the COL policy referenced above is not <br />endorsed to include affirmative coverage for sexual abuse or molestation, Consultant shall <br />obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less <br />than $5,000,000 per occurrence or claim, <br />If the Consultant maintains broader coverage and/or higher limits than the minimums <br />shown above, the City of Santa Ana requires and shall be entitled to the broader coverage <br />and/or the higher limits maintained by the Consultant. Any available insurance proceeds in <br />excess of the specified minimum limits of insurance and coverage shall be available to the <br />City of Santa Ana, <br />Other Insurance Provisions - The insurance policies are to contain, or be endorsed to <br />contain, the following provisions: <br />1. Additional Insured Status The City of Santa Ana, its officers, officials, employees, <br />and volunteers are to be covered as additional insureds on the CGL and SAM policy <br />with respect to liability arising out of work or operations performed by or on behalf <br />of the Consultant including materials, parts, or equipment furnished in connection <br />With such work or operations. General liability coverage can be provided in the <br />form of an endorsement to the Consultant's insurance (at least as broad as ISO Form <br />CG 20 10 1185 or if not available, through the addition of both CO 20 10, CG 20 <br />26, CO 20 33, or CO 20 38; and CG 20 37 if a later edition is used). <br />2, Primary Coverage- For any claims related to this contract, the Consultant's <br />insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 <br />13 as respects the City of Santa Ana, its officers, officials, employees, and <br />volunteers. Any insurance or self-insurance maintained by the City of Santa Ana, <br />its officers, officials, employees, or volunteers shall be excess of the Consultant's <br />insurance and shall not contribute with it. <br />3. Notice of Cancellation- Certificate of Insurance shall provide thirty (30) day prior <br />written notice of cancellation in a form approved by the City. <br />4. Waiver of Subrogation- Consultant hereby grants to City of Santa Ana a waiver of <br />any right to subrogation, which any insurer of said Consultant may acquire against <br />the Entity by virtue of the payment of any loss under such insurance. Consultant <br />agrees to obtain any endorsement that may be necessary to affect this waiver of <br />subrogation, but this provision applies regardless of whether or not the Entity has <br />received a waiver of subrogation endorsement from the insurer. <br />5. Self -Insured Retention - Self -insured retentions must be declared to and approved <br />by the City of Santa Ana. The City of Santa Ana may require the Consultant to <br />purchase coverage with a lower retention or provide proof of ability to pay losses <br />and related investigations, claim administration, and defense expenses within the <br />retention. The policy language shall provide, or be endorsed to provide, that the <br />self -insured retention may be satisfied by either the named insured or the City of <br />Santa Ana, nI1 <br />d <br />Page 3 of 10 <br />
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