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insurance which shall include, but not be limited to protection against claims arising from bodily
<br />and personal injury, including death resulting there from and damage to property, resulting from
<br />any act or occurrence arising out of Contractor's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall
<br />be not less than the following: single limit coverage applying to bodily and personal injury,
<br />including death resulting there from, and property damage, in the total amount of $2,000,000 per
<br />occurrence, $2,000,000 in the aggregate.
<br />Business automobile liability insurance, or equivalent form, with a combined single limit of not
<br />less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired
<br />and non -owned automobiles.
<br />3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br />Labor Code, Contractor is required to be insured against liability for worker's compensation or to
<br />undertake self- insurance. Prior to commencing the performance of the work under this Contract,
<br />Contractor agrees to obtain and maintain any employer's liability insurance with limits not less
<br />than $1,000,000 per accident.
<br />1. The following requirements apply to the insurance to be provided by Contractor pursuant to this
<br />section:
<br />Commercial general liability and business automobile insurance policies shall (a) name the
<br />City, its officers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self- insurance
<br />programs maintained by the City; and (c) contain standard separation of insureds
<br />provisions. A sample additional insured endorsement is attached hereto as Exhibit C.
<br />Contractor shall maintain all insurance required above in full force and effect for the entire
<br />period covered by this Agreement.
<br />b. Certificates of insurance shall be furnished to the City upon execution of this Contract and
<br />shall be approved in form by the City Attorney.
<br />c. Certificates and policies shall state that the policies shall not be canceled or reduced in
<br />coverage or changed in any other material aspect without thirty (30) days prior written notice
<br />to the City.
<br />2. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails
<br />or refuses to furnish the City with required proof that insurance has been procured and is in force
<br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this
<br />Contract. Such termination shall not affect Contractor's right to be paid for its time and materials
<br />expended prior to notification of termination. Contractor waives the right to receive
<br />compensation and agrees to indemnify the City for any work performed prior to approval of
<br />insurance by the City.
<br />F. HOLD HARMLESS/ INDEMNIFICATION
<br />To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its
<br />officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all
<br />claims (including, without limitation, claims for bodily injury, death or damage to property), demands,
<br />obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
<br />costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of
<br />every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from
<br />or in any manner relate (directly or indirectly) to any work performed or services provided under this
<br />City of Santa Ana Community Development Agency
<br />Request for Proposals for Parking Operations and Management Services
<br />Page 20
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