Item 41 - Federal Legislative Advocacy Services

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the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies (except as it relates to Consultant's professional liability insurance) regardless of whether or not the City has received a waiver of subrogation endorsement from the non-professional liability insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. Notwithstanding the foregoing, if Consultant fails or refuses to obtain such coverage as the City requires, the City's sole remedy for Consultant's failure or refusal shall be terminate this Agreement with no right to monetary damages, and City shall pay Consultant for services performed by it prior to termination. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies: If any of the required policies provide claims -made coverage: • The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. The Consultant reserves the right to review and approve or reject any modification by the City of these requirements as they relate to professional liability insurance coverage. However, the Consultant is confident that its current professional liability insurance is sufficient to protect the City. Page 4 of 9