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Agmt 2004 MBIA MuniServices Company
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Agmt 2004 MBIA MuniServices Company
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Last modified
8/12/2009 12:20:40 PM
Creation date
8/7/2009 4:54:03 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/14/2004
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PERM
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Reso 2004-058
(Approved by)
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\City Clerk\City Council\Resolutions\2004
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A.3 Professional Liability Insurance. <br />A.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period <br />covered by this Agreement professional liability insurance for licensed professionals performing <br />work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS <br />($1,000,000) covering the licensed professionals' errors and omissions. <br />A.3.2 Claims-made limitations. The following provisions shall apply if the professional liability <br />coverage is written on a claims-made form: <br />a. The retroactive date of the policy must be shown and must be before the date of the Agreement. <br />b. Insurance must be maintained and evidence of insurance must be provided for at least five <br />years after completion of the Agreement or the work, so long as commercially available at <br />reasonable rates. <br />c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy <br />form with a retroactive date that precedes the date of this Agreement, Consultant must provide <br />extended reporting coverage for a minimum of five years after completion of the Agreement <br />or the work. The City shall have the right to exercise, at the Consultant's sole cost and <br />expense, any extended reporting provisions of the policy, if the Consultant cancels or does not <br />renew the coverage. <br />d. A copy of the claim reporting requirements must be submitted to the City prior to the <br />commencement of any work under this Agreement. <br />A.4 All Policies Requirements. <br />A.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with <br />a Bests' rating of no less than A: VII. <br />A.4.2 Verification of coyeraee. Prior to beginning any work under this Agreement, Consultant shall <br />furnish City with complete certified copies of all policies, including complete certified copies of <br />all endorsements. All copies of policies and certified endorsements shall show the signature of a <br />person authorized by that insurer to bind coverage on its behalf. <br />A.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached <br />to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, <br />voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' <br />prior written notice by certified mail, return receipt requested, has been given to the Ciry. In the <br />event that any coverage required by this section is reduced, limited, cancelled, or materially <br />affected in any other manner, Consultant shall provide written notice to City at Consultant's <br />earliest possible opportunity and in no case later than ten (10) working days after Consultant is <br />notified of the change in coverage. <br />A.4.4 Additional insured; primary insurance. A certified endorsement at least as broad as Insurance <br />Services Office form number CG 20 10 (11/85 ed.) shall be attached to all policies stating that the <br />City and its officers, employees, agents, and volunteers shall be covered as additional insureds <br />with respect to each of the following: liability arising out of activities performed by or on behalf of <br />Consultant, including the insured's general supervision of Consultant; products and completed <br />operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and <br />automobiles owned, leased, or used by the Consultant in the course of providing services pursuant <br />to this Agreement. The coverage shall contain no special limitations on the scope of protection <br />afforded to City or its officers, employees, agents, or volunteers. <br />
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