55A - RESO AND AGMT - 800MHZ RADIO SYS

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Professional Liability Insriranoe per' claimsms m� or per occurrence Required Coverage Forms: The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. Required Endorsements: Concerning the Commercial General Liability policy, Motorola shall provide a blanket additional insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad, including the City of Santa Ana, its officers, volunteers, and employees as Additional Insureds. The CGL shall be primary and any insurance or self- insurance maintained by the City of Santa Ana shall be excess. As used herein, the term "volunteer" means a person who is not an officer or employee of the City but who has volunteered to perform a governmental function on behalf of the City and is acting within the course and scope of his or her duties as a volunteer, Motorola shall give the City of Santa Ana 30 days notice in the event of cancellation and 10 days for non - payment of premium. If Motorola's Professional Liability policy is a "claims made" policy, it shall agree to maintain professional liability coverage for two years following completion of contract. The Commercial General Liability policy shall contain a severability of interests clause, also known as a "separation of insureds" clause (standard in the ISO CG 0001 policy). The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer. 19. Non- Discrivaination: In the performance of this Agreement, Motorola agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Motorola acknowledges that a violation of this provision shall subject Motorola to all the penalties imposed for a violation of Section 1720 et seq. of the California Labor Code. 20, Remedies Not Exclusive: Unless a provision otherwise expressly indicates, the remedies for breach set forth in this Agreement are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not preclude resort by either party to any other remedies provided by law. 21. Independent Contractor: Motorola shall be considered an independent contractor and neither Motorola nor its employees; nor anyone working Under Motorola shall be considered an agent or an employee of City. Neither Motorola nor its employees; nor anyone working under Motorola shall qualify for workers' compensation or other fringe benefits of any kind through City. 22. Performance: Contractor and the City shall each perform all of its respective work under this Contract as described in the Motorola Proposal. Contractor shall be responsible for the professional quality, technical assurance, timely completion (subject to Force Majeure events or delays by the City or its other contractors) and coordination of all promised documentation and other services .furnished by the City of Santa Ana 02 April 2015 MCC7500 P25 Dispatch Migration and Subscribers Use or disclosure of this proposal is subject to line restrictions on the cover page. Motorola Solutions Confidential Restricted Terms and Conditions 8 -6 55A -140