Item 29 - School Crossing Guard Agreement

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iv. Consultant shall supply City with a fully executed additional insured endorsement. 9. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City and any other related Entities for any work performed prior to approval of insurance by the City. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, all related Entities, its officers, officials, employees, agents, and volunteers to ensure they will be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment ftimished in connection with such work or operations. 2. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, any related Entities, its officers, officials, employees, agents, and volunteers. The Insurance Company agrees to waive all rights of subrogation against the City, Entities, its elected or appointed officers, officials, agents, and employees for losses paid underthe terms of any policy which arise from work performed by the Consultant for the City and/or any related Entities. This provision also applies to the Workers' Compensation policy. 4. Each insurance policy required above shall provide that coverage shall not be cancelled, except with the prior notice as required in this agreement above. 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. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required and mandatory 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. The City reserves the right to require completed, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. Special or Low Risk Activities 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 City Page 4 of 11 Non -Fed Funding (6.1.2020)