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Reso 2011-1787
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Reso 2011-1787
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Last modified
8/19/2013 2:21:02 PM
Creation date
10/25/2011 1:59:13 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1787
Date (mm/dd/yyyy)
10/20/2011
Description
Authorizing purchase from Home Depot for PW
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<br />SERIAL l1019-RFP <br /> <br />or mistakes in the performance of this Contract by the Contractor, as well as any person <br />or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be <br />legally liable, <br /> <br />6,1.2 The amount and type of insurance coverage requirements set forth herein will in no way <br />be construed as limiting the scope of the indemnity in this paragraph, <br /> <br />6.1.3 The scope of this indemnification does not extend to the sole negligence of County, <br /> <br />6.2 INSURANCE REQUIREMENTS: <br /> <br />6,2.1 Contractor, at Contactor's own expense, shall purchase and maintain the herein stipulated <br />minimum insurance from a company or companies duly licensed by the State or Arizona <br />and possessing a current A,M. Best, Inc. rating of A-, VII or higher. In lieu of State of <br />Arizona licensing, the stipulated insurance may be purchased from a company or <br />companies, which are authorized to do business in the State of Arizona, provided that <br />said insurance companies meet the approval of County. The form of any insurance <br />policies and forms must be acceptable to County. <br /> <br />6,2,2 All insurance required herein shall be maintained in full force and effect wltil all work or <br />servic~ required to be performed Wider the terms of the Contract is satisfactorily <br />completed and formally accepted, Failure to do so may, at the sole discretion of County, <br />constitute a material breach of this Contract. <br /> <br />6.2.3 Contractor's insurance shall be primary insurance as respects County, and any insurance <br />or self-insurance maintained by County shall not contribute to it. <br /> <br />6,2.4 Any failure to comply with the claim reporting provisions of the insurance policics or any <br />breach of an insurance policy warranty shall not affect the County's right to coverage <br />afforded under the insurance policies. <br /> <br />6,2,5 The insurance policies may provide coverage that contains deductibles or self-insured <br />retentions. Such deductible and/or self-insured retentions shall not be applicable with <br />respect to the coverage provided to County under such policies. Contactor shall be solely <br />responsible for the deductible and/or self-insured retention and County, at its option, may <br />require Contractor to secure payment of slIch deductibles or self-insured retentions by a <br />surety bond or an irrevocable and unconditional letter of credit. <br /> <br />6.2,6 County reserves the right to request and to receive, within 10 working days, certified <br />copies of any or all of the herein required insurance certificates. County shall not be <br />obligated to review policies and/or endorsements or to advise Contractor of any <br />deficiencies in such policies and endorsements, and such receipt shall not relieve <br />Contractor from, or be deemed a waiver of County's right to insist on strict fulfillment of <br />Contractor's obligations under this Contract. <br /> <br />6,2,7 Notwithstanding anything to the contrary contained herein, CONTRACTOR shall have <br />the right to self-insure part or all of any of the insurance it is required to maintain <br />hereunder in its sole discretion so long as CONTRACTOR maintains a net worth of not <br />less than One Hundred Million ($100,000,000) DolIars. Such net worth shall be <br />documented to COUNTY and COUNTY shall be advised in writing in the event such <br />net worth requirement is not met. In the event that CONTRACTOR elects to self-insure <br />all or any part of any risk that would be insured under the policies and limits described <br />herein, and an event occurs where insurance proceeds would have been available but for <br />the election to self-insure, CONTRACTOR shall make funds available to tile same <br />extent that they would have been available had such insurance policy been carried, unless <br />specifically provided to the contrar)' herein. <br />
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