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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 claims-made coverage:
<br /> 1.The Retroactive Date must be shown, and must be before the date of the contract or
<br /> the beginning of contract work.
<br /> 2. Insurance must be maintained and evidence of insurance must be provided for at
<br /> least five (5)years after completion of the contract of work.
<br /> 3. If coverage is canceled or non-renewed, and not replaced with another claims-made
<br /> policy form with a Retroactive Date prior to the contract effective date,the Contractor
<br /> must purchase "extended reporting" coverage for a minimum of five (5)years after
<br /> completion of work.
<br /> Verification of Coverage
<br /> Contractor shall furnish the City with original certificates and amendatory endorsements or
<br /> copies of the applicable policy language effecting coverage required by this clause. All
<br /> certificates and endorsements are to be received and approved by the City before work
<br /> commences. However,failure to obtain the required documents prior to the work beginning
<br /> shall not waive the Contractor's obligation to provide them.The City reserves the right to require
<br /> complete, certified copies of all required insurance policies, including endorsements required by
<br /> 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 /> 7. INDEMNIFICATION
<br /> Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br /> employees, contractors, special counsel, and representatives from liability: (1)for personal injury,
<br /> 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
<br /> or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to
<br /> in this Section or by reason of the terms of,or effects,arising from this Agreement. The Consultant
<br /> further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
<br /> fees and costs for special counsel to be selected by the City, regarding any action by a third party
<br /> challenging the validity of this Agreement, or asserting that personal injury, damages, just
<br /> City Council 18 — 31 5/21/2024
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