Item 22 - Agreement and Amendment for Legal Services

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Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions: i. Additional Insured Status- The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Attorneys including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Attorneys' insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. Primary Coverage- For any claims related to this contract, Attorneys' insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Santa Ana, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Santa Ana, its officers, officials, employees, or volunteers shall be excess of Attorneys' insurance and shall not contribute with it. iii. Notice of Cancellation- Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. For the professional liability policy only, the notice of cancellation may be given by Attorneys. f. Waiver of Subrogation- Attorneys hereby grant to City a waiver of any right to subrogation, which any insurer of said Attorneys, other than professional liability insurers or insurance, may acquire against the City by virtue of the payment of any loss under such insurance. Attorneys agree to obtain any endorsement that may be necessary to affect the waiver of subrogation as described in this section, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. g. Self -Insured Retentions - Self -insured retentions must be declared to and approved by the City. RWG has declared to the City that it has a $250,000 self -insured retention for professional liability insurance and City has pre -approved that retention level. h. Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A- NII, unless otherwise acceptable to the City. Claims Made Policies - If any of the required policies provide coverage on a claims - made basis: i. The Retroactive Date, if any, must be shown and must be before the date of the contract or the beginning of contract work. 4