Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Zuma Foundation Inc. shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Zuma Foundation Inc. shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Zuma Foundation Inc., their agents, representatives, employees, or subZuma Foundation Inc.s.
Primary/Noncontributing. Coverage provided by Zuma Foundation Inc. shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Zuma Foundation Inc. or City will withhold amounts sufficient to pay premium from Zuma Foundation Inc. payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Zuma Foundation Inc. or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Zuma Foundation Inc. hereby waives its own right of recovery against
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Zuma Foundation Inc.
City and shall require similar written express waivers and insurance clauses from each of its subZuma Foundation Inc.s.
Enforcement of Contract Provisions (Non Estoppel). Zuma Foundation Inc. acknowledges and agrees that any actual or alleged failure on the part of the City to inform Zuma Foundation Inc. of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Zuma Foundation Inc. maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Zuma Foundation Inc.. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Zuma Foundation Inc. agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
If any of the Zuma Foundation Inc.’s insurers are unwilling to provide such notice, then Zuma Foundation Inc. shall have the responsibility of notifying the City immediately in the event of Zuma Foundation Inc.’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Zuma Foundation Inc.’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Zuma Foundation Inc. agrees to ensure that its subZuma Foundation Inc.s, subcontractors, and any other party who is brought onto or involved in the project/service by Zuma Foundation Inc. (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Zuma Foundation Inc. under this Agreement. Zuma Foundation Inc. agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
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However, in the event Zuma Foundation Inc.’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Zuma Foundation Inc. may still be able to utilize the Subcontractor provided Zuma Foundation Inc. shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Zuma Foundation Inc., but in all other terms consistent with the Zuma Foundation Inc.’s requirements under this Agreement. This provision does not relieve the Zuma Foundation Inc. of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Zuma Foundation Inc. with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Zuma Foundation Inc. under this Agreement given the limited scope of work or services provided by the subcontractor. Zuma Foundation Inc. agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Zuma Foundation Inc. ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Zuma Foundation Inc., the City and Zuma Foundation Inc. may renegotiate the Zuma Foundation Inc.’s compensation.
Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely Notice Of Claims. Zuma Foundation Inc. shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Zuma Foundation Inc.’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. The Zuma Foundation Inc. shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.