|
PROVIDER may satisfy the minimum liability limits required above for Commercial
<br />General Liability and Business Auto Liability under an Umbrella or Excess Liability policy.
<br />There is no minimum Per Occurrence limit of liability under the Umbrella or Excess
<br />Liability; however, the Annual Aggregate limit shall not be less than the highest "Each
<br />Occurrence" limit for the Commercial General Liability and Business Auto Liability.
<br />PROVIDER agrees to list DANE COUNTY as an "Additional Insured" on its Umbrella or
<br />Excess Liability policy.
<br />C. Upon execution of this Agreement, PROVIDER shall furnish COUNTY with a Certificate of
<br />Insurance listing COUNTY as an additional insured and, upon request, certified copies of
<br />the required insurance policies. If PROVIDER's insurance is underwritten on a Claims -
<br />Made basis, the Retroactive Date shall be prior to or coincide with the date of this
<br />Agreement, the Certificate of Insurance shall state that professional malpractice or errors
<br />and omissions coverage, if the services being provided are professional services coverage
<br />is Claims -Made and indicate the Retroactive Date, PROVIDER shall maintain coverage for
<br />the duration of this Agreement and for six (6) years following the completion of this
<br />Agreement. PROVIDER shall furnish COUNTY, annually on the policy renewal date, a
<br />Certificate of Insurance as evidence of coverage. It is further agreed that PROVIDER shall
<br />furnish the COUNTY with a 30 -day notice of aggregate erosion, in advance of the
<br />Retroactive Date, cancellation, or renewal. It is also agreed that on Claims -Made policies,
<br />either PROVIDER or COUNTY may invoke the tail option on behalf of the other party and
<br />that the Extended Reporting Period premium shall be paid by PROVIDER. In the event
<br />any action, suit or other proceeding is brought against COUNTY upon any matter herein
<br />indemnified against, COUNTY shall give reasonable notice thereof to PROVIDER and shall
<br />cooperate with PROVIDER's attorneys in the defense of the action, suit or other
<br />proceeding. PROVIDER shall furnish evidence of adequate Worker's Compensation
<br />Insurance. In case of any sublet of work under this Agreement, PROVIDER shall furnish
<br />evidence that each and every subcontractor has in force and effect insurance policies
<br />providing coverage identical to that required of PROVIDER. In case of any sublet of work
<br />under this Agreement, PROVIDER shall furnish evidence that each and every
<br />subcontractor has in force and effect insurance policies providing coverage identical to that
<br />required of PROVIDER.
<br />D. The parties do hereby expressly agree that COUNTY, acting at its sole option and through
<br />its Risk Manager, may waive any and all requirements contained in this Agreement, such
<br />waiver to be in writing only. Such waiver may include or be limited to a reduction in the
<br />amount of coverage required above. The extent of waiver shall be determined solely by
<br />COUNTY's Risk Manager taking into account the nature of the work and other factors
<br />relevant to COUNTY's exposure, if any, under this Agreement.
<br />IX. NO WAIVER BY PAYMENT OR ACCEPTANCE:
<br />In no event shall the making of any payment or acceptance of any service or product required by
<br />this Agreement constitute or be construed as a waiver by COUNTY of any breach of the
<br />covenants of this Agreement or a waiver of any default of PROVIDER and the making of any
<br />such payment or acceptance of any such service or product by COUNTY while any such default
<br />or breach shall exist shall in no way impair or prejudice the right of COUNTY with respect to
<br />recovery of damages or other remedy as a result of such breach or default.
<br />X. NON-DISCRIMINATION:
<br />During the term of this Agreement, PROVIDER agrees not to discriminate on the basis of age,
<br />race, ethnicity, religion, color, gender, disability, marital status, sexual orientation, national origin,
<br />cultural differences, ancestry, physical appearance, arrest record or conviction record, military
<br />participation or membership in the national guard, state defense force or any other reserve
<br />component of the military forces of the United States, or political beliefs against any person,
<br />whether a recipient of services (actual or potential) or an employee or applicant for employment.
<br />Such equal opportunity shall include but not be limited to the following: employment, upgrading,
<br />demotion, transfer, recruitment, advertising, layoff, termination, training, rates of pay, and any
<br />other form of compensation or level of service(s). PROVIDER agrees to post in conspicuous
<br />places, available to all employees, service recipients and applicants for employment and
<br />services, notices setting forth the provisions of this paragraph. The listing of prohibited bases for
<br />discrimination shall not be construed to amend in any fashion state or federal law setting forth
<br />Page 4 of 25
<br />
|