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Item 14 - Execution of a Successor & & 2nd Amend. with Keenan & Associates
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06/01/2021 Regular
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Item 14 - Execution of a Successor & & 2nd Amend. with Keenan & Associates
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
14
Date
6/1/2021
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<br />Keenan & Associates – License #0451271 <br />EB Consulting Services Agreement (PM2) <br />Confidential For Client Use Only <br />(Rev. 05/15/20) <br /> Page 4 of 17 <br />Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 per accident <br />for bodily injury and property damage. <br /> <br />(3) Professional Liability Insurance. Professional Liability Insurance with a Two Million <br />Dollar ($2,000,000) limit of liability for each occurrence and a Two Million Dollar <br />($2,000,000) aggregate limit of liability. <br /> <br />(4) Cyber Liability/Privacy Insurance. Cyber Liability Insurance with a Two Million <br />Dollar ($2,000,000) limit of liability for each occurrence and a Two Million Dollar <br />($2,000,000) aggregate limit of liability. <br /> <br />If the Keenan maintains broader coverage and/or higher limits than the minimums shown <br />above, the City of Santa Ana requires and shall be entitled to the broader coverage and/or <br />the higher limits maintained by the Keenan. Any available insurance proceeds in excess of <br />the specified minimum limits of insurance and coverage shall be available to the City of <br />Santa Ana, subject to the Limitations of Liability in Section 7 of this Agreement. <br /> <br />Other Insurance Provisions - The insurance policies are to contain, or be endorsed to <br />contain, the following provisions: <br /> <br />(a) Additional Insured Status- This Section shall apply to the CGL policy only. The City <br />of Santa Ana, its officers, officials, employees, and volunteers are to be covered as <br />additional insureds on the CGL with respect to liability arising out of work or <br />operations performed by or on behalf of the Keenan including materials, parts, or <br />equipment furnished in connection with such work or operations. General liability <br />coverage can be provided in the form of an endorsement to the Keenan’s insurance <br />(at least as broad as ISO Form CG 20 10 11 85 or if not available, through the <br />addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a <br />later edition is used). <br /> <br />(b) Primary Coverage- This Section shall apply to the CGL policy only. For any claims <br />related to this contract, Keenan’s insurance coverage shall be primary coverage at <br />least as broad as ISO CG 20 01 04 13 as respects the City of Santa Ana, its officers, <br />officials, employees, and volunteers. Any insurance or self-insurance maintained by <br />the City of Santa Ana, its officers, officials, employees, or volunteers shall be excess <br />of Keenan’s insurance and shall not contribute with it. <br /> <br />(c) Notice of Cancellation- Certificate of Insurance shall provide thirty (30) day prior <br />written notice of cancellation in a form approved by the City. <br /> <br />(d) Waiver of Subrogation- This Section shall apply to the CGL policy only Keenan <br />hereby grants to City of Santa Ana a waiver of any right to subrogation, which any <br />insurer of Keenan may acquire against the Entity by virtue of the payment of any <br />loss under such insurance. Keenan agrees to obtain any endorsement that may be <br />necessary to affect this waiver of subrogation, but this provision applies regardless of <br />whether or not the Entity has received a waiver of subrogation endorsement from <br />the insurer.
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