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Item 21 - Smart Parking Meter Upgrades
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02/15/2022 Regular
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Item 21 - Smart Parking Meter Upgrades
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8/16/2023 11:47:42 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
21
Date
2/15/2022
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covered under IPS's liability policy, such "property" coverage of the City may be <br />endorsed onto IPS's Cyber Liability Policy as covered property. <br />6.If IPS maintains broader coverage and/or higher limits than the minimums shown above, the <br />City requires and shall be entitled to the broader coverage and/or the higher limits maintained <br />by IPS. Any available insurance proceeds in excess of the specified minimum limits of insurance <br />and coverage shall be available to the City. <br />b.Other Insurance Provisions -The insurance policies are to contain, or be endorsed to contain, the <br />following provisions: <br />1.Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be <br />covered as additional insureds on the CGL policy with respect to liability arising out of work or <br />operations performed by or on behalf of IPS including materials, parts, or equipment furnished <br />in connection with such work or operations. General liability coverage can be provided in the <br />form of an endorsement to IPS's insurance (at least as broad as ISO Form CG 20 10 11 85 or both <br />CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). <br />Please note, if there is an insured vs. insured exclusion on IPS's policy, City will carefully review <br />with IPS and their insurance carrier on whether being added as an additional insured onto IPS's <br />policy removes City's ability to file suit against IPS and draw upon the policy should final <br />adjudication in a lawsuit state that IPS shall pay damages to City. <br />2.Primary Coverage: For any claims related to this contract, IP5's insurance coverage shall be <br />primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as <br />respects the City, its officers, officials, employees, and volunteers. Any insurance or self <br />insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess <br />of IPS's insurance and shall not contribute with it. <br />3.Notice of Cancellation: Each insurance policy required above shall state that coverage shall not <br />be canceled, except with notice to the City. <br />4.Waiver of Subrogation: IPS hereby grants to City a waiver of any right to subrogation which any <br />insurer of IPS may acquire against the City by virtue of the payment of any loss under such <br />insurance. IPS agrees to obtain any endorsement that may be necessary to affect this waiver of <br />subrogation, but this provision applies regardless of whet her or not the City has received a <br />waiver of subrogation endorsement from the insurer. <br />5.Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. <br />The City may require IPS to provide proof of ability to pay losses and related investigations, claim <br />administration, and defense expenses within the retention. The policy language shall provide, <br />or be endorsed to provide, that the self-insured retention may be satisfied by either the named <br />insured or City. <br />6.Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business <br />in the state with a current A.M. Best's rating of no less than A-:VII, unless otherwise acceptable <br />to the City. <br />7.Claims Made Policies: If any of the required policies provide coverage on a claims-made basis: <br />EXHIBIT 1
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