NSPA - Final SWIMS Storm Drain Inspections.pdf

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Non-Professional Services Agreement between January 12, 2023 City of San Leandro and SWIMS Page 8 of 16 4.3.3 Deductibles and Self-Insured Retentions. SWIMS shall disclose to and 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 the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the SWIMS shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Sub-Contractors. SWIMS shall include all sub-Contractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each sub-Contractors. All coverages for sub-Contractors shall be subject to all of the requirements stated herein. 4.4 Submittal of Proof of Insurance Coverage. All certificates of insurance and original endorsements effecting coverage required in this Section 4 must be electronically submitted through the City’s online insurance document management program, EBIX. SWIMS shall comply with all requirements provided by City related to the EBIX program. 4.5 Remedies. In addition to any other remedies City may have if SWIMS fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for SWIMS’s breach:  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;  Order SWIMS to stop work under this Agreement or withhold any payment that becomes due to SWIMS hereunder, or both stop work and withhold any payment, until SWIMS demonstrates compliance with the requirements hereof; and/or  Terminates this Agreement. Section 5. INDEMNIFICATION AND SWIMS’S RESPONSIBILITIES. SWIMS shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature DocuSign Envelope ID: 3CF5F1DA-0970-4726-A2E8-F5B25AD4C567