|
5. Workers' Compensation as required by the State of California, with statutory limits, and
<br />Employer's Liability insurance with limits of $1,000,000 per accident, policy, employee, for bodily
<br />injury or disease.
<br />Other Insurance Provisions
<br />The above required insurance policies are to contain or be endorsed to contain the following
<br />provisions:
<br />1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers
<br />are to be covered as additional insureds, under Motorola's CGL, AL and E&O policies, with
<br />respect to any liability arising out of work or operations performed by or on behalf of the
<br />Motorola including materials, parts, equipment, and personnel furnished in connection with
<br />such work or operations.
<br />2. Motorola's Insurance companies agree to waive all rights of subrogation against City of
<br />Santa Ana, 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 Motorola
<br />under this Agreement.
<br />3. For any claims related to this contract, Motorola's insurance coverage shall be primary and
<br />any insurance maintained by City of Santa Ana, its City Council, its officers, officials,
<br />employees, agents, or volunteers shall not contribute with it.
<br />4. A severability of interest provision must apply for all the additional insureds, ensuring that
<br />Motorola's insurance shall apply separately to each insured against whom a claim is made
<br />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 />materially changed except after thirty (30) days prior written notice has been given to City.
<br />Ten (10) days prior written notice shall be provided to City for policy cancellation or non -
<br />renewal due to non-payment of premium.
<br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br />Attention: (Name of Department Staff Responsible for Agreement), Address of Department
<br />Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project
<br />must be included in the Description of Operations section of each certificate.
<br />Self -Insured Retentions
<br />Self -insured retentions must be declared to and approved by Customer. Customer may require
<br />Motorola to provide proof of ability to pay losses and related investigations, claim administration,
<br />and defense expenses within the retention.
<br />Acceptability of Insurers
<br />Insurance is to be placed with insurers authorized to conduct business in the state of California
<br />with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to Customer.
<br />Claims Made Policies
<br />If any of the required policies provide coverage on a claims -made basis:
<br />1. The retroactive date must be shown and must be before the date of the contract.
<br />Motorola Customer Agreement 17
<br />
|