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Item 22 - Food Distribution Programs
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02/07/2023 Regular & HA
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Item 22 - Food Distribution Programs
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
22
Date
2/7/2023
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(9) <br />CITY OF SANTA ANA <br />arising out of work or operations performed by or on behalf of the Contractor including <br />materials, parts, or equipment furnished in connection with such work or operations. <br />General liability coverage can be provided in the form of an endorsement to the <br />Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not <br />available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; <br />and CG 20 37 forms if a later edition is used). <br />2. Primary Coverage: For any claims related to this contract, the Contractor's insurance <br />coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as <br />respects the City, its officers, officials, employees, and volunteers. Any insurance or <br />self-insurance maintained by the City, its officers, officials, employees, or volunteers <br />shall be excess of the Contractor's insurance and shall not contribute with it. <br />3. Notice of Cancellation: Each insurance policy required above shall state that coverage <br />shall not be canceled, except with notice to the City. <br />4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to <br />subrogation which any insurer of said Contractor may acquire against the City by virtue <br />of the payment of any loss under such insurance. Contractor agrees to obtain any <br />endorsement that may be necessary to affect this waiver of subrogation, but this <br />provision applies regardless of whether or not the City has received a waiver of <br />subrogation endorsement from the insurer. <br />5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by <br />the City. The City may require the Contractor to purchase coverage with a lower <br />retention or provide proof of ability to pay losses and related investigations, claim <br />administration, and defense expenses within the retention. The policy language shall <br />provide, or be endorsed to provide, that the self -insured retention may be satisfied by <br />either the named insured or City. <br />6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct <br />business in the state with a current A.M. Best's rating of no less than A:VII, unless <br />otherwise acceptable to the City. <br />7. Claims Made Policies: If any of the required policies provide coverage on a claims - <br />made basis: <br />1. The Retroactive Date must be shown and must be before the date of the <br />contract or the beginning of contract work. <br />2. Insurance must be maintained and evidence of insurance must be provided for <br />at least five (5) years after completion of the contract of work. <br />3. If coverage is canceled or non -renewed, and not replaced with another claims - <br />made policy form with a Retroactive Date prior to the contract effective date, <br />the Contractor must purchase "extended reporting" coverage for a minimum of <br />five (5) years after completion of contract work. <br />8. Verification of Coverage: Contractor shall furnish the City with original Certificates of <br />Insurance including all required amendatory endorsements (or copies of the applicable <br />policy language effecting coverage required by this clause) and a copy of the <br />Declarations and Endorsement Page of the CGL policy listing all policy endorsements <br />to City before work begins. However, failure to obtain the required documents prior to <br />the work beginning shall not waive the Contractor's obligation to provide them. City <br />reserves the right to require complete, certified copies of all required insurance <br />policies, including endorsements required by these specifications, at any time. <br />9. Special Risks or Circumstances: City reserves the right to modify these requirements, <br />including limits, based on the nature of the risk, prior experience, insurer, coverage, or <br />other special circumstances. <br />Termination. <br />
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