Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract ARTICLE XIII INSURANCE, UNCONTROLLABLE CIRCUMSTANCES AND INDEMNIFICATION SECTION 13.1. INSURANCE. (A) Company Insurance. At all times during the Term of this Service Contract, the Company shall obtain and maintain or cause to be obtained and maintained the Required Insurance in accordance with the requirements of Appendix 9 and shall pay all premiums with respect thereto as the same become due and payable. The City shall remain responsible for obtaining and maintaining all property insurance relating to the Facilities and shall pay all premiums with respect thereto as the same become due and payable. (H) Insurers, Deductibles and City Rights. All insurance required by this Section shall be obtained and maintained from financially sound and generally recognized responsible insurance companies meeting the qualifications set forth in Appendix 9. The insurers shall be selected by the Company, shall have a Hest's rating of "A" VII or higher, and shall be authorized to write such insurance in the State. The Company shall be responsible for all self-insured retentions contained in its insurance coverages, as well as any excluded losses if such losses are within the liability of the Company hereunder. All policies evidencing such insurance shall provide for: (1) at least 30 days' prior written notice of the cancellation thereof to the Company and the City (except with respect to cancellation for non-payment of premiums to which a 10-day written notice shall be required). All policies of insurance required by this Section shall be primary insurance without any right of contribution from other insurance carried by the City. The City shall have the right to fully participate in all insurance claim settlement negotiations with respect to claims to which the City is a party. (C) Certificates, Policies and Notice. The delivery by the Company to the City certificates of insurance naming the City, its officers, officials and employees as "additional insureds" (except with respect to Workers' Compensation Insurance) for the Required Insurance as a condition to the occurrence of the Commencement Date. Not later than May 31 in each Contract Year throughout the Term, the Company shall furnish the City with certificates of insurance naming the City, its officers, officials and employees as "additional insureds" (except with respect to Workers' Compensation Insurance) for the Required Insurance. Whenever a Subcontractor is utilized, the Company shall either obtain and maintain or require the Subcontractor to obtain and maintain insurance in accordance with the applicable requirements of Appendix 9. (D) Maintenance of Insurance Coverage. If the Company fails to pay any premium or self-insured retention for Required Insurance, or if any insurer cancels any Required Insurance policy and the Company fails to obtain replacement coverage so that the 93