Item 10 - Agreement for Ground Non-Emergency Medical Transportation Services

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operations performed by or on behalf of CONTRACTOR under this Agreement, including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CONTRACTOR's Insurance company(ies) agrees to waive all rights of subrogation/recovery against CITY OF SANTA ANA, its City Council, its officers, officials, employees, agents, volunteers, and OCFA for losses paid under the CGL, AL, EMS/PL, and W/C insurance policies, related to work performed by CONTRACTOR under the terms of this Agreement. 3. For any claims related to this Agreement, CONTRACTOR's Commercial General Liability (CGL) and Automobile Liability (AL) insurance coverage shall be primary, and any insurance maintained by CITY OF SANTA ANA and OCFA shall be non- contributory. CONTRACTOR shall not be required to indemnify the CITY OF SANTA ANA or OCFA for claims arising out of their own negligence or willful misconduct. 4. A severability of interests provision shall apply for all additional insureds, ensuring that CONTRACTOR's Commercial General Liability (CGL) and Automobile Liability (AL) insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. The inclusion of additional insured(s) shall not increase or alter the CONTRACTOR's liability or obligations under this Agreement, nor shall it extend the scope of coverage beyond the limits of the CONTRACTOR's policies. CONTRACTOR's insurance shall not provide coverage for any claims arising from the negligence or willful misconduct of any additional insured. The CONTRACTOR's insurance coverage shall remain primary, and any insurance maintained by the additional insured(s) shall be non-contributory. 5. CGL, AL, EMS/PL insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to CITY OF SANTA ANA and OCFA. Ten (10) days prior written notice shall be provided to CITY OF SANTA ANA and OCFA for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: "CITY OF SANTA ANA and OCFA". Certificate of Insurance should be addressed to City of Santa Ana, Attention: Executive Director, Finance and Management Services Agency, 20 Civic Center Plaza, M-17, Santa Ana, CA 92701. Other Insurance Provisions 1. The above required insurance shall be in a form which supports coverage for the provisions of the indemnification clause required under this Agreement, including a claim brought against the CITY OF SANTA ANA and/or OCFA for injury to, or death of an employee or agent of CONTRACTOR. 2. In the event of a claim or claims against the above -referenced liability policies which reasonably may deplete one-half or more of the aggregate limits, CONTRACTOR shall immediately notify CITY OF SANTA ANA and OCFA. In the event a claim or claims against the above -referenced liability policies, which are reasonably expected to deplete 90% of the aggregate limits, CONTRACTOR shall, at CONTRACTOR'S expense, 0