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Docusign Envelope ID:E13OF4108-19FB-44BO-8388-21 F424553A38
<br /> MINIMUM SCOPE AND LIMIT OF INSURANCE
<br /> Coverage shall be at least as broad as:
<br /> 1. 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
<br /> $1,000,000 per occurrence and $2,000,000 general aggregate.
<br /> 2. Technology Professional Liability Errors and Omissions Insurance (E&O):
<br /> appropriate to the Consultant's profession and work hereunder, with limits not less than
<br /> $2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently
<br /> broad to respond to the duties and obligations as is undertaken by the Versaterm in this
<br /> agreement and shall include, but not be limited to, claims involving business interruption,
<br /> damage to or destruction of electronic information, and alteration of electronic
<br /> information. The policy shall provide coverage for Versaterm's failure to provide
<br /> professional services and/or products under this Agreement. The Policy shall include,
<br /> or be endorsed to include, damage to, alteration of, lass of, or destruction of electronic
<br /> data and/or information "property" of Customer in the care, custody, or control of
<br /> Versaterm.
<br /> 3. Workers' Compensation (WIC): as required by the State of California, with statutory
<br /> limits, and Employer's Liability insurance with limits of no less than $1,000,000 per
<br /> accident, policy, employee, for bodily injury or disease.
<br /> If Versaterm maintains broader coverage and/or higher limits than the minimums shown
<br /> above for any line of coverage, Customer requires and shall be entitled to the broader
<br /> coverage and/or the higher limits maintained by Versaterm. Any available insurance
<br /> proceeds in excess of the specified minimum limits of insurance and coverage shall be
<br /> available to Customer.
<br /> Other Insurance Provisions
<br /> The above required insurance policies are to contain or be endorsed to contain the
<br /> following provisions:
<br /> 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and
<br /> volunteers are to be covered as additional insureds, under Versaterm's CGL, and E&O
<br /> policies, with respect to any liability arising out of work or operations performed by or
<br /> on behalf of the Versaterm including materials, parts, equipment, and personnel
<br /> furnished in connection with such work or operations.
<br /> 2. Versaterm's Insurance companies agree to waive all rights of subrogation against City
<br /> of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers
<br /> for losses paid under the terms of any policy which arise from work performed by
<br /> Versaterm under this Agreement.
<br /> 3. For any claims related to this contract, Versaterm's insurance coverage shall be
<br /> primary and any insurance maintained by City of Santa Ana, its City Council, its
<br /> officers, officials, employees, agents, or volunteers shall not contribute with it.
<br /> 4. A severability of interest provision must apply for all the additional insureds, ensuring
<br /> that Versaterm's insurance shall apply separately to each insured against whom a
<br /> claim is made or suit is brought, except with respect to the insurer's limits of liability.
<br /> 5. Insurance policies required herein shall provide that coverage shall not be canceled,
<br /> suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or
<br /> September 2024—004092024 Page 15 of 24
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