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Proposal for City of Santa Ana <br />5 <br />Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful <br />misconduct of the Contractor. Notwithstanding anything to the contrary herein, the maximum aggregate liability of <br />Contractor with respect to its indemnification obligations under this Contract shall not exceed the sum of five <br />million dollars ($5,000,000.00).” <br /> 13. EXCLUSIVITY AND AMENDMENT – We request the following change: “…The parties agree that any terms or <br />conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and <br />conditions hereof, shall not bind or obligate Consultant or the City unless mutually agreed to in writing executed by <br />both parties…” <br /> 20. MISCELLANEOUS PROVISIONS – we request the following change and have included our standard terms <br />and conditions within this document: “c. All Exhibits, including the Contractor's terms and condition, referenced <br />herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.” <br /> Insurance Requirements – Please note that Professional Liability policy carrier will not name the City as an <br />Additional Insured. We also request the “Acceptability of Insurers” requirement be changed to a current A.M. Best <br />rating of no less than A-:VII. <br />Included in our response as Appendix are our standard terms and conditions for consulting/advisory services. <br />d. Firm and Team Experience <br />i. A general description of the firm, including size and number of employees working directly with the City on this agreement. <br />Ranked among the largest assurance, tax and advisory firms in the U.S., Cherry Bekaert provides guidance and <br />support that helps our clients move forward to reach their organizational goals. “Cherry Bekaert” is the brand name <br />under which Cherry Bekaert LLP and Cherry Bekaert Advisory LLC, independently owned entities, provide <br />professional services in an alternative practice structure in accordance with applicable professional standards. Cherry <br />Bekaert Advisory LLC is not a licensed CPA firm. Cherry Bekaert LLP is a licensed CPA firm that provides attest <br />services, and Cherry Bekaert Advisory LLC and its subsidiary entities provide business advisory and non-attest <br />services spanning the areas of transaction advisory, risk and accounting advisory, digital solutions, cybersecurity and <br />tax. For more details, visit cbh.com/disclosure. <br />For more than 75 years, global corporations, <br />public/private businesses and the public sector <br />have relied on Cherry Bekaert to guide them <br />forward. We provide digitally-driven, industry- <br />aligned advisory, tax, and assurance services, <br />leveraging practical knowledge and proven <br />experience to design and deliver highly tailored <br />solutions that help clients meet their financial, <br />operational, and strategic goals and objectives. <br />Our experienced professionals can offer guidance <br />through rapid growth and times of accelerated <br />change. Let us be Your Guide Forward by <br />delivering on our commitments to superior client <br />service through: <br /> Attention to Detail and Quality: Outstanding service qualifications amplified by our commitment to prioritize your <br />business and provide practical and timely support <br /> Efficient, Business-Practical Guidance: High levels of senior level involvement, continuity of service <br />professionals and expertise on a year-round basis <br /> Value-Driven Relationships: Streamlined, focused attention on your strategic, operational and financial <br />objectives   <br />  <br />City Council 12 – 59 5/20/2025