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2012_0312_Packet
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2012_0312_Packet
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4/6/2012 3:27:33 PM
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any person or organization for whom the insured is liable. Said policy shall provide an <br />aggregate limit of at least $2,000,000.00. <br />E.The Consultant shall maintain in effect all insurance coverages required under this Provision <br />18 at Consultant’s sole expense and with insurance companies licensed to do business in the <br />state in Minnesota and having a current A.M.Best rating of no less than A-, unless otherwise <br />agreed to by the City in writing. In addition to the requirements stated above, the following <br />applies to the insurance policies required under this Provision: <br />(i)All policies, except the Professional Liability Insurance Policy, shall be written on an <br />“occurrence” form (“claims made” and “modified occurrence” forms are not <br />acceptable); <br />(ii)All policies, except the Professional Liability Insurance Policy and the Worker’s <br />Compensation Policy, shall name “the City of Roseville” as an additional insured; <br />(iii)All policies, except the Professional Liability Insurance Policy and the Worker’s <br />Compensation Policy, shall insure the defense and indemnify obligations assumed by <br />Consultant under this Agreement; and <br />(iv)All policies shall contain a provision that coverages afforded thereunder shall not be <br />canceled or non-renewed or restrictive modifications added, without thirty (30) days <br />prior written notice to the City. <br />A copy of: (i) a certification of insurance satisfactory to the City, and (ii) if requested, the <br />Consultant’s insurance declaration page, riders and/or endorsements, as applicable, which <br />evidences the compliance with this Paragraph 18, must be filed with the City prior to the start of <br />Consultant’s Work. Such documents evidencing insurance shall be in a form acceptable to the <br />City and shall provide satisfactory evidence that the Consultant has complied with all insurance <br />requirements. Renewal certificates shall be provided to the City prior to the expiration date of <br />any of the required policies. The City will not be obligated, however, to review such declaration <br />page, riders, endorsements or certificates or other evidence of insurance, or to advise Consultant <br />of any deficiencies in such documents, and receipt thereof shall not relieve the Consultant from, <br />nor be deemed a waiver of, the City’s right to enforce the terms of the Consultant’s obligations <br />hereunder. The City reserves the right to examine any policy provided for under this Provision <br />18. <br />19.Ownership of Documents. All plans, diagrams, analysis, reports and information generated in <br />connection with the performance of this Agreement (“Information”) shall become the property of the <br />City, but the Consultant may retain copies of such documents as records of the services provided. <br />The City may use the Information for any reasons it deems appropriate without being liable to the <br />Consultant for such use. The Consultant shall not use or disclose the Information for purposes other <br />than performing the Work contemplated by this Agreement without the prior consent of the City. <br />20.Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this <br />Agreement or the relationships which result from this Agreement shall be subject to mediation as a <br />condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the <br />parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation <br />Procedures of the American Arbitration Association then currently in effect. A request for <br />mediation shall be filed in writing with the American Arbitration Association and the other party. <br />No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of <br />the request for mediation unless a longer period of time is provided by agreement of the parties. The <br />cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of <br />Page 5 <br /> <br />
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