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5. INSURANCE
<br /> Prior to undertaking performance of work under this Agreement, Provider shall maintain
<br /> and shall require subcontractors, if any, to obtain and maintain insurance, as described below, for
<br /> the entire Term of this Agreement, against claims for injuries to persons or damage to property
<br /> which may arise from or in connection with services, products and materials supplied. Total cost
<br /> of such insurance shall be borne by Provider.
<br /> Minimum Scope and Limit of Insurance.
<br /> • Commercial General Liability (CGL): Insurance Services Office Form CG 00
<br /> Olcovering CGL on an "occurrence" basis, including products and completed operations,
<br /> property damage, bodily injury and personal & advertising injury with limits no less than
<br /> $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met
<br /> with primary and umbrella/excess insurance policies.
<br /> • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
<br /> auto), with limits no less than $1,000,000 per accident for bodily injury and property
<br /> damage. In the event Provider does not maintain commercial automobile liability
<br /> insurance, City will accept evidence of personal automobile insurance.
<br /> • Workers' Compensation: as required by the State of California, with Statutory Limits,
<br /> and Employer's Liability Insurance with limit of no less than $1,000,000 per accident,
<br /> policy or employee, for bodily injury or disease. Coverage is not required if Provider has
<br /> no employees and signs request to waive such insurance.
<br /> • Sexual Abuse or Molestation Liability (SAML): If the work will include contact with
<br /> minors, and the CGL policy referenced above is not endorsed to include affirmative
<br /> coverage for sexual abuse or molestation, Permittee shall obtain and maintain a policy
<br /> covering Sexual Abuse and Molestation with a limit of no less than $1,000,000 per
<br /> occurrence or claim.
<br /> • If Provider maintains broader coverage and/or higher limits than the minimum
<br /> requirements for each line of coverage shown above, City requires and shall be entitled to
<br /> the broader coverage and/or the higher limits maintained by Provider. Any available
<br /> insurance proceeds in excess of the specified minimum limits of insurance and coverage
<br /> shall be available to City.
<br /> Other Insurance Provisions. The above required insurance policies are to contain or be endorsed
<br /> to contain the following provisions:
<br /> • City of Santa Ana,its City Council,its officers,officials,employees,agents,and volunteers
<br /> are to be covered as additional insureds with respect to liability arising out of work or
<br /> operations performed by or on behalf of the Provider including materials,parts, equipment,
<br /> and personnel furnished in connection with such work or operations.
<br /> • Provider's Insurance company(ies) agrees to waive all rights of subrogation against City,
<br /> its City Council, its officers, officials, employees, agents, and volunteers for losses paid
<br /> under the terms of any policy which arise from work performed by Provider under this
<br /> Agreement.
<br /> • For any claims related to this contract, Provider's insurance coverage shall be primary and
<br /> any insurance maintained by City, its City Council, its officers, officials, employees,
<br /> agents, or volunteers shall not contribute with it.
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