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damage. (Not required if an automobile is not required to fulfill services.) <br />3. Workers' Compensation: insurance as required by the State of California, with <br />Statutory Limits, and Employer's Liability Insurance with limit of no less than <br />$1,000,000 per accident for bodily injury or disease. <br />4. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is <br />not endorsed to include affirmative coverage for sexual abuse or molestation, <br />Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation <br />with a limit no less than $1,000,000 per occurrence or claim. <br />5. If the Contractor maintains broader coverage and/or higher limits than the minimums <br />shown above, the City requires and shall be entitled to the broader coverage and/or <br />the higher limits maintained by the Contractor. Any available insurance proceeds in <br />excess of the specified minimum limits of insurance and coverage shall be available <br />to the City. <br />b. 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, its officers, officials, employees, and volunteers <br />are to be covered as additional insureds on the CGL policy with respect to liability <br />arising out of work or operations performed by or on behalf of the Contractor including <br />materials, parts, or equipment furnished in connection with such work or operations. <br />General liability coverage can be provided in the form of an endorsement to the <br />Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not <br />available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; <br />and CG 20 37 forms if a later edition is used). <br />2. Primary Coverage: For any claims related to this contract, the Contractor's insurance <br />coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as <br />respects the City, its officers, officials, employees, and volunteers. Any insurance or <br />self-insurance maintained by the City, its officers, officials, employees, or volunteers <br />shall be excess of the Contractor's insurance and shall not contribute with it. <br />3. Notice of Cancellation: Each insurance policy required above shall state that coverage <br />shall not be canceled, except with notice to the City. <br />4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to <br />subrogation which any insurer of said Contractor may acquire against the City by <br />virtue of the payment of any loss under such insurance. Contractor agrees to obtain <br />any endorsement that may be necessary to affect this waiver of subrogation, but this <br />provision applies regardless of whether or not the City has received a waiver of <br />subrogation endorsement from the insurer. <br />5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by <br />the City. The City may require the Contractor to purchase coverage with a lower <br />retention or provide proof of ability to pay losses and related investigations, claim <br />administration, and defense expenses within the retention. The policy language shall <br />provide, or be endorsed to provide, that the self -insured retention may be satisfied by <br />either the named insured or City. <br />6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct <br />business in the state with a current A.M. Best's rating of no less than A:VII, unless <br />otherwise acceptable to the City. <br />7. Claims Made Policies: If any of the required policies provide coverage on a claims - <br />made basis: <br />1. The Retroactive Date must be shown and must be before the date of the <br />contract or the beginning of contract work. <br />City of Santa Ana RFP 22-009A <br />Page 25 <br />