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<br />CONSULTANT NAME: City of Santa Ana <br /> <br />Contmct No. C0809167 <br /> <br />whether authorized by this Agreement or not. CONSULTANT further agrees to waive all rights <br />of subrogation against the DISTRICT. The provisions of this article do not apply to any damage <br />or losses caused solely by the negligence or willful misconduct of DISTRICT or any of its agents <br />or employees. <br />II. Insurance: Pursuant to Section I 0, CONSULTANT agrees to carry a commercial general <br />liability insurance and automobile liability insumnce with limits of One Million Dollars <br />($1,000,000) per occurrence combined single limit for bodily injury and property damage in a <br />form mutually acceptable to both parties to protect CONSULTANT and DISTRICT against <br />liability or claims of liability, which may arise out of the AGREEMENT. In addition, <br />CONSULTANT agrees to provide an endorsement to this policy stating, "Such insurance as is <br />afforded by this policy shall be primary, and any insurance carried by DISTRICT shall be excess <br />and noncontributory." No later than the actual start date, CONSULTANT shall provide <br />DISTRICT with certificates of insurance evidencing all coverages and endorsements required <br />hereunder including a thirty (30) day written notice of cancellation or reduction in covemge. <br />CONSULTANT agrees to name DISTRICT and its officers, agents and employees as additional <br />insured's by sepamte endorsement under said policy. <br />12. Assignment: The obligations of the CONSULTANT pursuant to this AGREEMENT shall <br />not be assigned by the CONSULTANT. <br />13. Compliance with Applicable Laws: The services completed herein must meet the <br />approval of the DISTRICT and shall be subject to the DISTRICT's geneml right of inspection to <br />secure the satisfactory completion thereof. CONSULTANT agrees to comply with all federal, <br />state and local laws, rules, regulations and ordinances that are now or may in the future become <br />applicable to CONSULTANT, CONSULTANT's business, and personnel engaged in operations <br />covered by this AGREEMENT or accruing out of the performance of such opemtions. <br />14. PermitslLicenses: CONSULTANT and all CONSULTANT's employees or <br />agents shall secure and maintain in force such permits ad licenses as are required by law in <br />connection with the furnishing of services pursuant to this AGREEMENT. <br />15. Employment with Public Agency: CONSULTANT, if an employee of another public <br />agency, agrees that CONSULTANT will not receive salary or remuneration, other than vacation <br />pay, as an employee of another public agency for the actual time in which services are actually <br />being performed pursuant to this AGREEMENT. <br /> <br />5/30/08 <br /> <br />4 <br />