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10D Consent
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Last modified
9/30/2025 9:23:01 AM
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10/10/2022 9:26:23 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
10/3/2022
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PERM
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Reso 2022-168 Hamilton Tree Service Resolution
(Amended)
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\City Clerk\City Council\Resolutions\2022
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shall furnish City with complete copies of all Certificates of Liability Insurance delivered to <br />Contractor by the insurer, including complete copies of all endorsements attached to the <br />policies. All copies of Certificates of Liability Insurance and certified endorsements shall <br />show the signature of a person authorized by that insurer to bind coverage on its behalf. If <br />the City does not receive the required insurance documents prior to the Contractor <br />beginning work, it shall not waive the Contractor’s obligation to provide them. The City <br />reserves the right to require complete copies of all required insurance policies at any time. <br /> <br />4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the <br />written approval of City for the self-insured retentions and deductibles before beginning any <br />of the services or work called for by any term of this Agreement. At the option of the City, <br />either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as <br />respects the City, its officers, employees, and volunteers; or the Contractor shall provide a <br />financial guarantee satisfactory to the City guaranteeing payment of losses and related <br />investigations, claim administration and defense expenses. <br /> <br />4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit <br />(i.e. limit that is eroded by the cost of defense). <br /> <br />4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be <br />endorsed to state that coverage shall not be canceled by either party, except after 30 days’ <br />prior written notice has been provided to the City. <br /> <br />4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies <br />or shall furnish separate certificates and certified endorsements for each subcontractor. All <br />coverages for subcontractors shall be subject to all of the requirements stated here in. <br /> <br />4.4 Submittal of Proof of Insurance Coverage. All certificates of insurance and original endorsements <br />effecting coverage required in this Section 4 must be electronically submitted through the City’s <br />online insurance document management program, PINS Advantage. Contractor shall comply with all <br />requirements provided by City related to the PINS Advantage program. <br /> <br />4.5 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain <br />any insurance policies or policy endorsements to the extent and within the time herein required, City <br />may, at its sole option exercise any of the following remedies, which are alternatives to other <br />remedies City may have and are not the exclusive remedy for Contractor’s breach: <br /> <br />▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance <br />from any sums due under the Agreement; <br /> <br />▪ Order Contractor to stop work under this Agreement or withhold any payment that becomes due <br />to Contractor hereunder, or both stop work and withhold any payment, until Contractor <br />demonstrates compliance with the requirements hereof; and/or <br /> <br />▪ Terminate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, <br />defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and <br />volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without <br />limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or i n
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