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(9) <br />CITY OF SANTA ANA <br />3. Workers' Compensation: as required by the State of California, with Statutory Limits, and <br />Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or <br />employee, for bodily injury or disease. Coverage is not required if Consultant has no employees <br />and signs request to waive such insurance. <br />4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, <br />and $2,000,000 aggregate. <br />If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each <br />line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the <br />higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified <br />minimum limits of insurance and coverage shall be available to City. <br />Other Insurance Provisions <br />The above required insurance policies are to contain or be endorsed to contain the following provisions: <br />1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered <br />as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability <br />policies, with respect to any liability arising out of work or operations performed by or on behalf <br />of the Instructor including materials, parts, equipment, and personnel furnished in connection <br />with such work or operations. <br />2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its <br />City Council, its officers, officials, employees, agents, and volunteers for losses paid under the <br />terms of any policy which arise from work performed by Consultant under this Agreement. <br />3. For any claims related to this contract, Consultant's insurance coverage shall be primary and <br />any insurance maintained by City, its City Council, its officers, officials, employees, agents, or <br />volunteers shall not contribute with it. <br />4. A severability of interest provision must apply for all the additional insureds, ensuring that <br />Consultant's insurance shall apply separately to each insured against whom a claim is made or <br />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 materially <br />changed except after thirty (30) days prior written notice has been given to City. Ten (10) days <br />prior written notice shall be provided to City for policy cancellation or non -renewal due to non- <br />payment of premium. <br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, <br />Attention: Finance & Management Services Agency, City of Santa Ana, 20 Civic Center <br />Plaza (M-15) P.O. Box 1988, Santa Ana, California 92702. 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 the City. The City may require the <br />Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and <br />related investigations, claim administration, 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 with a <br />current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. <br />Verification of Coverage <br />