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Item 22 - Agreement for Affordable Care Act Compliance Services
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11/19/2024
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Item 22 - Agreement for Affordable Care Act Compliance Services
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11/13/2024 10:52:12 AM
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City Clerk
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Agenda Packet
Agency
Human Resources
Item #
22
Date
11/19/2024
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with limits not less than $2,000,000 per occurrence and $2,000,000 <br />aggregate. Coverage shall be sufficiently broad to respond to the duties <br />and obligations as is undertaken by the Consultant in this agreement. <br />3) Workers’ Compensation (W/C): as required by the State of California, <br />with statutory limits, and Employer’s Liability insurance with limits of no <br />less than $1,000,000 per accident, policy, employee, for bodily injury or <br />disease. <br /> <br />B. If Consultant maintains broader coverage and/or higher limits than the minimums <br />shown above for any line of coverage, City requires and shall be entitled to the <br />broader coverage and/or the higher limits maintained by Consultant. Any <br />available insurance proceeds in excess of the specified minimum limits of <br />insurance and coverage shall be available to City. The above required insurance <br />policies (set forth in subsection A) are to contain or be endorsed to contain the <br />following provisions: <br /> <br />1) City of Santa Ana, its City Council, its officers, officials, employees, <br />agents, and volunteers are to be covered as additional insureds, <br />under Consultant’s CGL, and E&O policies, with respect to any <br />liability arising out of work or operations performed by or on behalf <br />of the Consultant including materials, parts, equipment, and <br />personnel furnished in connection with such work or operations. <br />2) Consultant’s Insurance companies agree to waive all rights of <br />subrogation against City of Santa Ana, its City Council, its officers, <br />officials, employees, agents, and volunteers for losses paid under <br />the terms of any policy which arise from work performed by <br />Consultant under this Agreement. <br />3) For any claims related to this contract, Consultant’s insurance <br />coverage shall be primary and any insurance maintained by City of <br />Santa Ana, its City Council, its officers, officials, employees, <br />agents, or volunteers shall not contribute with it. <br />4) A severability of interest provision must apply for all the additional <br />insureds, ensuring that Consultant’s insurance shall apply <br />separately to each insured against whom a claim is made or suit is <br />brought, except with respect to the insurer’s limits of liability. <br />5) Insurance policies required herein shall provide that coverage shall <br />not be canceled, suspended, voided, reduced in coverage or in <br />limits, non-renewed by the carrier, or materially changed except <br />after thirty (30) days prior written notice has been given to City. Ten <br />(10) days prior written notice shall be provided to City for policy <br />cancellation or non-renewal due to non-payment of premium. <br />
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