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6. Acceptability of Insurers- Insurance is to be placed with insurers <br /> authorized to conduct business in the state with a current A.M. Best's <br /> rating of no less than A:VII, unless otherwise acceptable to the City. <br /> 7. Claims Made Policies (applicable only to professional liability, see <br /> below)-If any of the required policies provide claims-made coverage: <br /> a. The Retroactive Date must be shown, and must be before the <br /> date of the contract or the beginning of contract work. <br /> b. Insurance must be maintained and evidence of insurance must <br /> be provided for at least five (5) years after completion of the <br /> contract of work. <br /> c. If coverage is canceled or non-renewed, and not replaced with <br /> another claims-made policy form with a Retroactive Date prior <br /> to the contract effective date, the Consultant must purchase <br /> "extended reporting" coverage for a minimum of five (5) years <br /> after completion of work. <br /> 8. Verification of Coverage- The Consultant shall furnish the City with <br /> original Certificates of Insurance including all required amendatory <br /> endorsements (or copies of the applicable policy language effecting <br /> coverage required by this clause) and a copy of the Declarations and <br /> Endorsement Page of the CGL policy listing all policy endorsements to <br /> Entity before services are performed pursuant to this Agreement. <br /> However, failure to obtain the required documents prior to the work <br /> beginning shall not waive the Consultant's obligation to provide them. <br /> The City reserves the right to require complete, certified copies of all <br /> required insurance policies, including endorsements required by these <br /> specifications, at any time. Failure of the Consultant to provide the <br /> required verification of coverage prior to the start of any services shall <br /> be grounds for immediate termination of this Agreement. <br /> 9. Special Risks or Circumstances- City reserves the right to modify these <br /> requirements, including limits, based on the nature of the risk, prior <br /> experience, insurer,coverage, or other special circumstances. <br /> 6. INDEMNIFICATION <br /> A. Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, <br /> agents, employees, consultants, special counsel,and representatives from liability: (1)for <br /> personal injury,damages,just compensation,restitution,judicial or equitable relief arising <br /> out of claims for personal injury, including death,and claims for property damage, which <br /> may arise from the negligent operations of the Consultant, its subcontractors, agents, <br /> employees,or other persons acting on its behalf which relates to the services described in <br /> Page 4of9 <br /> City Council 24 — 7 5/3/2022 <br />