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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 />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
<br />01covering CGL on an "occurrence" basis, including products and completed
<br />operations, property damage, bodily injury and personal & advertising injury with
<br />limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required
<br />policy limits can be met with primary and umbrella/excess insurance policies.
<br />2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1
<br />(any auto), with limits no less than $1,000,000 per accident for bodily injury and
<br />property damage. In the event Provider does not maintain commercial automobile
<br />liability insurance, City will accept evidence of personal automobile insurance.
<br />3. 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
<br />has no employees and signs request to waive such insurance.
<br />4. 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 />5. 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
<br />to 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
<br />coverage shall be available to City.
<br />Other Insurance Provisions. The above required insurance policies are to contain or be
<br />endorsed to contain the following provisions:
<br />• City of Santa Ana, its City Council, its officers, officials, employees, agents, and
<br />volunteers are to be covered as additional insureds with respect to liability arising out
<br />of work or operations performed by or on behalf of the Provider including materials,
<br />parts, equipment, and personnel furnished in connection with such work or operations.
<br />• Provider's Insurance company(ies) agrees to waive all rights of subrogation against
<br />City, its City Council, its officers, officials, employees, agents, and volunteers for
<br />losses paid under the terms of any policy which arise from work performed by Provider
<br />under this Agreement.
<br />• For any claims related to this contract, Provider's insurance coverage shall be primary
<br />and any insurance maintained by City, its City Council, its officers, officials,
<br />employees, agents, or volunteers shall not contribute with it.
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