Reso 2016-081 - Laserfiche WebLink

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(4) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. (5) An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty(30)days' prior written notice by certified mail, return receipt requested, has been given to City. 6.4 Professional Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for license professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) covering the license professionals' errors and omissions. Any deductible or self-insured retention shall not exceed One Hundred and Fifty Thousand Dollars ($150,000) per claim. b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: (1) The retroactive date of the policy must be shown and must be before the date of the Agreement. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. (3) If coverage is cancelled or not renewed and it is not replaced with another claims- made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five years after completion of work under this Agreement. (4) A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 6.5 All Policies Requirements. a. Acceptability of insurers. All insurance required by this section are to be placed with insurers with a Bests' rating of no less than A:VII. b. Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If City does not receive the required insurance documents prior to Consultant beginning work, it shall not waive Consultant's obligations to provide them. City reserves the right to not require complete copies of all required insurance policies at any time. C. Deductibles and Self-Insured Retentions. Consultant shall disclose to an obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of City, either: the insurer shall reduce of eliminate such deductibles or self-insured retentions as respects City, its officers, employees, and volunteers; or Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Wasting Policies. No policy required by this section shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). e. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. -11 CDBG Consulting Services Agreement for Neighborhood Solutions FY16-17