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Item 13 - Agreement with Seaside Ice, LLC, dba Ice-America, for a Seasonal Ice Rink
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Item 13 - Agreement with Seaside Ice, LLC, dba Ice-America, for a Seasonal Ice Rink
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10/3/2023 11:41:15 AM
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Agenda Packet
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13
Date
10/3/2023
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<br />Page 4 of 10 <br /> <br />subrogation, but this provision applies regardless of whether or not the City has <br />received a waiver of subrogation endorsement from the insurer. <br /> <br />5. Self-Insured Retentions: Self-insured retentions must be declared to and <br />approved by the City. The City may require the Contractor to purchase coverage <br />with a lower retention or provide proof of ability to pay losses and related <br />investigations, claim administration, and defense expenses within the retention. <br />The policy language shall provide, or be endorsed to provide, that the self- <br />insured retention may be satisfied by either the named insured or City. <br /> <br />6. Acceptability of Insurers: Insurance is to be placed with insurers authorized <br />to conduct business in the state with a current A.M. Best’s rating of no less <br />than A:VII, unless otherwise acceptable to the City. <br /> <br />7. Verification of Coverage: Contractor shall furnish the City with original <br />Certificates of Insurance including all required amendatory endorsements (or <br />copies of the applicable policy language effecting coverage required by this <br />clause) and a copy of the Declarations and Endorsement Page of the CGL policy <br />listing all policy endorsements to City before work begins. However, failure to <br />obtain the required documents prior to the work beginning shall not waive the <br />Contractor’s obligation to provide them. <br /> <br />The City reserves the right to require complete, certified copies of all required <br />insurance policies, including endorsements required by these specifications, at <br />any time. <br /> <br />8. Subcontractors: Contractor shall require and verify that all subcontractors <br />maintain insurance meeting all the requirements stated herein, and Contractor <br />shall ensure that City is an additional insured on insurance required from <br />subcontractors. <br /> <br />9. Special Risks or Circumstances: City reserves the right to modify these <br />requirements, including limits, based on the nature of the risk, prior experience, <br />insurer, coverage, or other special circumstances. <br /> <br />7. INDEMNIFICATION <br /> <br />Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including death, and claims for property damage, which may arise from the <br />negligent operations of the Contractor, its subcontractors, agents, employees, or other persons <br />acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) <br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable <br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and <br />hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
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