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Exhibit B — Insurance Requirements for City of Santa Ana
<br />Agreement with NextDay Delivery Service, Inc. ("NDS")
<br />NDS shall procure and maintain for the duration of the agreement, the following insurance
<br />coverages:
<br />MINIMUM SCOPE AND LIMIT OF INSURANCE
<br />NDS shall maintain limits of insurance coverage in the following minimum amounts and shall be
<br />at least as broad as:
<br />Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
<br />CGL on an "occurrence" basis, including products and completed operations, property
<br />damage, bodily injury and personal & advertising injury with limits no less than $1,000,000
<br />per occurrence and $2,000,000 aggregate.
<br />Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1
<br />(any auto), with combined single limits of $1,000,000. In the event NDS does not maintain
<br />commercial automobile liability insurance, City will accept evidence of personal
<br />automobile insurance with existing limits, which can be lower than $1,000,000.
<br />Workers' Compensation (WIC): as required by the State of California, with statutory
<br />limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per
<br />accident, per employee, per policy for bodily injury or disease. This requirement can be
<br />waived if NDS has no employees.
<br />If NDS maintains broader coverage and/or higher limits than the minimums shown above, City
<br />requires and shall be entitled to the broader coverage and/or the higher limits maintained by
<br />NDS. Any available insurance proceeds in excess of the specified minimum limits of insurance
<br />and coverage shall be available to City.
<br />Other Insurance Provisions
<br />The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials,
<br />employees, agents, and volunteers are to be covered as additional insureds with
<br />respect to liability arising out of work or operations performed by or on behalf of the
<br />Permittee including materials, parts, equipment, and personnel furnished in
<br />connection with such work or operations.
<br />2, All required insurance policies: Insurance company(ies) agrees to waive all rights
<br />of subrogation against City, its City Council, its officers, officials, employees, agents,
<br />and volunteers for losses paid under the terms of any policy which arise from work
<br />performed by NDS for City.
<br />3. All required insurance policies: For any claims related to this contract, NDS's Insurance
<br />coverage shall be primary and any insurance maintained by City, its City Council, its
<br />officers, officials, employees, agents, or volunteers shall not contribute with it.
<br />4. All required insurance policies: A severability of Interest provision must apply for all
<br />the additional insureds, ensuring that NDS's insurance shall apply separately to each
<br />insured against whom a claim is made or suit is brought, except with respect to the
<br />insurer's limits of liability.
<br />5. Each insurance policy required herein shall provide that coverage shall not be
<br />canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the
<br />carrier, or materially changed except after thirty (30) days prior written notice has been
<br />given to City. Ten (10) days prior written notice shall be provided to City for policy
<br />cancellation or non -renewal due to non-payment.
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