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Item 17 - Agreement for Legal and Investigative Services
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Item 17 - Agreement for Legal and Investigative Services
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8/14/2024 3:45:51 PM
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8/14/2024 10:22:32 AM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
17
Date
8/20/2024
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20 01 04 13 as respects the City of Santa Ana, its officers, officials, <br />employees, and volunteers. Any insurance or self-insurance maintained by <br />the City of Santa Ana, its officers, officials, employees, or volunteers shall <br />be excess of Attorneys' insurance and shall not contribute with it. <br />iii. Notice of Cancellation- Each insurance policy required above shall state <br />that coverage shall not be canceled, except with notice to the City. <br />f. Waiver of Subrogation- Attorneys hereby grant to City a waiver of any right to <br />subrogation, which any insurer of said Attorneys may acquire against the City by <br />virtue of the payment of any loss under such insurance. Attorneys agree to obtain <br />any endorsement that may be necessary to affect this waiver of subrogation, but <br />this provision applies regardless of whether or not the City has received a waiver <br />of subrogation endorsement from the insurer. <br />g. Self -Insured Retentions - Self -insured retentions must be declared to and approved <br />by the City. The City may require the Attorneys 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 <br />shall provide, or be endorsed to provide, that the self -insured retention may be <br />satisfied by either the named insured or City. <br />h. Acceptability of Insurers - Insurance is to be placed with insurers authorized to <br />conduct business in the state with a current A.M. Best's rating of no less than A:VII, <br />unless otherwise acceptable to the City. <br />Claims Made Policies - If any of the required policies provide coverage on a claims - <br />made basis: <br />i. The Retroactive Date must be shown and must be before the date of the <br />contract or the beginning of contract work. <br />ii. Insurance must be maintained and evidence of insurance must be provided <br />for at least five (5) years after completion of the contract of work. <br />iii. If coverage is canceled or non -renewed, and not replaced with another <br />claims -made policy form with a Retroactive Date prior to the contract <br />effective date, the Attorneys must purchase "extended reporting" coverage <br />for a minimum of five (5) years after completion of contract work. <br />j. Verification of Coverage — Attorneys shall furnish the City with original <br />Certificates of Insurance including all required amendatory endorsements (or copies of the <br />applicable policy language effecting coverage requiredby this clause) and a copy of the <br />Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to <br />Entity before work begins. However, failure to obtain the required documents prior to the <br />work beginning shall not waive the Attomey's obligation to provide them. The City reserves <br />the right to require complete, certified copies of all required insurance policies,including <br />endorsements required by these specifications, at any time. <br />4 <br />
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