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Item 23 - Agreements and Amendments to Agreements for Legal Services
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11/21/2023 Regular
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Item 23 - Agreements and Amendments to Agreements for Legal Services
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11/29/2023 3:38:04 PM
Creation date
11/29/2023 2:16:08 PM
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City Clerk
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Agenda Packet
Agency
City Attorney's Office
Item #
23
Date
11/21/2023
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Waiver of Subrogation <br />Attorneys hereby grant to City a waiver of any right to subrogation which any insurer of said <br />Attorneys may acquire against the City by virtue of the payment of any loss under such insurance. <br />Attorneys agrees to obtain any endorsement that may be necessary to affect this waiver of <br />subrogation, but this provision applies regardless of whether or not the City has received a waiver <br />of subrogation endorsement from the insurer. <br />Self -Insured Retentions <br />Self -insured retentions must be declared to and approved by the City. The City may require the <br />Attorneys to purchase coverage with a lower retention or provide proof of ability to pay losses and <br />related investigations, claim administration, and defense expenses within the retention. The policy <br />language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied <br />by either the named insured or City. <br />Acceptability of Insurers <br />Insurance is to be placed with insurers authorized to conduct business in the state with a current <br />A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. <br />Claims Made Policies <br />If any of the required policies provide coverage on a claims -made basis: <br />1. The Retroactive Date must be shown and must be before the date of the contract or the beginning <br />of contract work. <br />2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) <br />years after completion of the contract of work. <br />3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form <br />with a Retroactive Date prior to the contract effective date, the Attorneys must purchase "extended <br />reporting" coverage for a minimum of five (S) years after completion of contract work. <br />Verification of Coverage <br />Attorneys shall furnish the City with original Certificates of Insurance including all required <br />amendatory endorsements (or copies of the applicable policy language effecting coverage required <br />by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all <br />policy endorsements to City before work begins. However, failure to obtain the required <br />documents prior to the work beginning shall not waive the Attorneys' obligation to provide them. <br />The City reserves the right to require complete, certified copies of all required insurance policies, <br />including endorsements required by these specifications, at any time. <br />Special Risks or Circumstances <br />City reserves the right to modify these requirements, including limits, based on the nature of the <br />risk, prior experience, insurer, coverage, or other special circumstances.. <br />9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, <br />its officers, agents, employees, and representatives from liability for personal injury, damages, <br />4 <br />
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