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Item 18 - Agreement with Ultimate Entertainment, LLC dba Mega Outdoor Movies for Outdoor
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Item 18 - Agreement with Ultimate Entertainment, LLC dba Mega Outdoor Movies for Outdoor
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5/16/2024 3:21:04 PM
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5/16/2024 3:18:18 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
18
Date
5/16/2024
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4. Professional Liability (Errors and Omissions): Insurance appropriate to the <br />Contractor's profession, with limit no less than $1,000,000 per occurrence or claim, <br />$2,000,000 aggregate. <br />If the contractor maintains broader coverage and/or higher limits than the minimums shown <br />above, the City requires and shall be entitled to the broader coverage and/or higher limits <br />maintained by the contractor. <br />Other Insurance Provisions <br />The insurance policies are to contain, or be endorsed to contain, the following provisions: <br />Additional Insured Status <br />The City, its officers, officials, employees, and volunteers are to be covered as additional <br />insureds on the CGL policy with respect to liability arising out of work or operations performed <br />by or on behalf of the Contractor including materials, parts or equipment furnished in <br />connection with such work or operations. General liability coverage can be provided in the form <br />of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 <br />or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). <br />Primary Coverage <br />For any claims related to this contract, the Contractor's insurance coverage shall be primary <br />insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, <br />officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its <br />officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall <br />not contribute with it. <br />Notice of Cancellation <br />Each insurance policy required above shall provide that coverage shall not be canceled, except <br />with notice to the City. <br />Waiver of Subrogation <br />Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said <br />Contractor may acquire against the City by virtue of the payment of any loss under such <br />insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this <br />waiver of subrogation, but this provision applies regardless of whether or not the City has <br />received a waiver 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 />Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses <br />and related investigations, claim administration, and defense expenses within the retention. The <br />policy language shall provide, or be endorsed to provide, that the self -insured retention may be <br />satisfied by either the named insured or City. <br />
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