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Item 10 - Approve an Agreement with Friends of the Santa Ana Zoo
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03/02/2021 Regular
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Item 10 - Approve an Agreement with Friends of the Santa Ana Zoo
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
10
Date
3/2/2021
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<br />Page 3 of 19 <br /> <br />be not less than the following: single limit coverage applying to bodily and personal <br />injury, including death resulting therefrom, and property damage, in the total <br />amount of $2,000,000 per occurrence, with $2,000,000 in the aggregate. Such <br />insurance shall (a) be primary with respect to insurance or self-insurance programs <br />maintained by the City; and (b) contain standard separation of insureds provisions. <br /> <br />5.2 Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $ 1,000,000 per occurrence. Such insurance <br />shall include coverage for owned, hired and non -owned automobiles. <br /> <br />5.3 Worker’s Compensation Insurance. In accordance with the California Labor <br />Code, FOSAZ, if FOSAZ has any employees, is required to be insured <br />against liability for worker’s compensation or to undertake self -insurance. <br />Prior to commencing the performance of the work under this Agreement, <br />FOSAZ agrees to obtain and maintain any employer's liability insurance <br />with limits not less than $ 1,000,000 per accident. <br /> <br />5.4 If FOSAZ is or employs a licensed professional such as an architect or <br />engineer: Professional liability (errors and omissions) insurance, with a <br />combined single limit of not less than $ 1,000,000 per claim. <br /> <br />5.5 The following requirements apply to the insurance to be provided by FOSAZ <br />pursuant to this section: <br /> <br />5.5.1 FOSAZ shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />5.5.2 Certificates of insurance shall be furnished to the City upon execution <br />of this Agreement and shall be approved by the City. <br />5.5.3 Certificates and policies shall state that the policies shall not be <br />cancelled or reduced in coverage or changed in any other material <br />aspect, by FOSAZ, without thirty (30) days prior written notice to the <br />City. <br />5.5.4 FOSAZ shall supply City with a fully executed additional insured <br />endorsement. <br />5.5.5 To the extent that FOSAZ has insurance coverage in excess of that <br />set forth in this Agreement, City shall be entitled to coverage to the <br />full extent of FOSAZ's insurance coverage in place during the term <br />of this Agreement. <br />5.5.6 If FOSAZ fails or refuses to produce or maintain the insurance <br />required by this section or fails or refuses to furnish the City with <br />required proof that insurance has been procured and is in force and <br />paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not affect FOSAZ‘s <br />right to be paid for its time and materials expended prior to <br />notification of termination. FOSAZ waives the right to receive <br />Exhibit 1
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