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Item 16 - Cityworks Maintenance Agreement
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Item 16 - Cityworks Maintenance Agreement
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2/26/2025 12:00:36 PM
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City Clerk
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Agenda Packet
Agency
Public Works
Item #
16
Date
3/4/2025
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subrogation against City, its City Council, its officers, officials, employees, agents and volunteers <br />for losses paid under the terms of any policy which may arise from work performed by Consultant <br />for City. <br />3. For any claims related to this Agreement, Consultant's insurance coverage shall be primary and <br />any insurance or self-insurance maintained by City, its City Council, 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 insureds, ensuring that <br />Consultant's insurance shall apply separately to each insured against whom a claim is made or suit <br />is brought, except with respect to the insurer's limits of liability. <br />5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, <br />suspended, voided, reduced in scope 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 and ten (10) days prior <br />written notice of policy cancellation or non -renewal due to non-payment. Such notice may be <br />provided by Consultant in accordance with the notice requirements of this Agreement. <br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, <br />Attention: Jonathan Dhauw, 20 Civic Center Plaza, Santa Ana CA 92701. The name and location <br />of project must be indicated in the Description of Operations section of each certificate. <br />Self -Insured Retentions <br />Self -insured retentions must be declared to and approved by the City. City may require Consultant <br />to provide proof of ability to pay loss and related investigations, claim administration, and defense <br />expenses within the retention. <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-NII, unless otherwise acceptable to CITY. <br />Verification of Coverage <br />Consultant shall furnish City 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 <br />waive Consultant's obligation to provide them. City reserves the right to require complete, certified <br />copies of all required insurance policies, including endorsements, required by these specifications, <br />at any time. <br />Claims Made Policies <br />If any of the required policies provide coverage on a claims -made basis: <br />1. The retroactive date must be shown and must be before the execution date of the contract. <br />2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) <br />years after completion of work. <br />3. If coverage is cancelled or non -renewed, and not replaced with another claims -made policy form <br />with a retroactive date prior to the contract effective, or start of work date, Consultant must <br />Page 4 of 10 <br />
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