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Item 09 -Agreements for Enterprise Resource Planning System Software
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Item 09 -Agreements for Enterprise Resource Planning System Software
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7/9/2025 10:30:47 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
09
Date
7/15/2025
Destruction Year
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<br />Page 4 of 10 <br /> <br />2. Consultant’s Insurance companies agree to waive all rights of subrogation against City of Santa <br />Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid <br />under the terms of any policy which arise from work performed by Consultant under this <br />Agreement. <br />3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and <br />any insurance maintained by City of Santa Ana, its City Council, its officers, officials, <br />employees, agents, or volunteers shall not contribute with it. <br />4. A severability of interest provision must apply for all the additional insureds, ensuring that <br />Consultant’s insurance shall apply separately to each insured against whom a claim is made or <br />suit is brought, except with respect to the insurer’s limits of liability. <br />5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, <br />voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed <br />except after thirty (30) days prior written notice has been given to City. Ten (10) days prior <br />written notice shall be provided to City for policy cancellation or non -renewal due to non- <br />payment of premium. <br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, <br />Attention: Information Technology Department, 20 Civic Center Plaza, M-42, Santa Ana, CA <br />92701. The name and location of project must be included in the Description of Operations <br />section of each certificate. <br />Self-Insured Retentions <br />Self-insured retentions must be declared to and approved by Customer. Customer may require <br />Consultant to provide proof of ability to pay losses and related investigations, claim administration, <br />and defense expenses within the retention. <br /> <br />Acceptability of Insurers <br />Insurance is to be placed with insurers authorized to conduct business in the state of California <br />with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to Customer. <br /> <br />Claims Made Policies <br />If any of the required policies provide coverage on a claims-made basis: <br /> <br />1. The retroactive date must be shown and must be before the date of the contract. <br />2. Insurance must be maintained and evidence of insurance must be provided for at least <br />three (3) years after completion of work. <br />3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy <br />form with a retroactive date prior to the contract effective date, Consultant must purchase <br />“extended reporting” coverage for a minimum of three (3) years after completion of work. <br /> <br />Verification of Coverage <br />Consultant shall furnish Customer with original Certificates of Insurance including all required <br />amendatory endorsements (or copies of the applicable policy language effecting coverage required <br />by this clause). Failure to obtain the required documents prior to the work beginning shall not
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