Laserfiche WebLink
3.3.11.6 Deductibles and Self -Insured Retentions. Any deductible or self - <br />insured retention must be approved in writing by the City and shall protect the City, its officials, <br />officers, and employees in the same manner and to the same extent as they would have been <br />protected had the policy or policies not contained a deductible or self -insured retention. <br />3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the <br />execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall <br />deliver either certified copies of the required policies, or original certificates on forms approved by <br />the City, together with all endorsements affecting each policy. Required insurance policies shall <br />not be in compliance if they include any limiting provision or endorsement that has not been <br />submitted to the City for approval. The certificates and endorsements for each insurance policy <br />shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least <br />fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that <br />such insurance coverage has been renewed or extended shall be filed with the City. If such <br />coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the <br />required coverage, Consultant shall, within ten (10) days after receipt of written notice of such <br />cancellation or reduction of coverage, file with the City evidence of insurance showing that the <br />required insurance has been reinstated or has been provided through another insurance company <br />or companies. <br />3.3.11.8 Acceptability of Insurers. Each such policy shall be from a <br />company or companies with a current A.M. Best's rating of no less than A:VII and authorized to <br />transact business of insurance in the State of California, or otherwise allowed to place insurance <br />through surplus line brokers under applicable provisions of the California Insurance Code or any <br />federal law. <br />3.3.11.9 Enforcement of Agreement Provisions (non estoppel). <br />Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform <br />Consultant of non-compliance with any requirement imposes no additional obligation on the City <br />nor does it waive any rights hereunder. <br />3.3.11.10 Requirements Not Limiting. Requirement of specific coverage <br />or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or <br />other requirement, or a waiver of any coverage normally provided by any insurance. <br />3.3.11.11 Additional Insurance Provisions <br />(A) The foregoing requirements as to the types and limits of <br />insurance coverage to be maintained by Consultant, and any approval of said insurance by the <br />City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations <br />otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the <br />provisions concerning indemnification. <br />(B) If at any time during the life of the Agreement, any policy of <br />insurance required under this Agreement does not comply with these specifications or is canceled <br />and not replaced, City has the right but not the duty to obtain the insurance it deems necessary <br />and any premium paid by City will be promptly reimbursed by Consultant or City will withhold <br />amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel <br />this Agreement. <br />-8- PROFESSIONAL SERVICES AGREEMENT <br />55394.00000\40418052.1 <br />