04-25-11 Regular Meeting of the La Porte City Council

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SROW# 75987 L 7598 Insurance and Auto Liability Insurance, written by the Texas Municipal League Intergovernmental Risk Pool, a self - insurance fund entered into between political subdivisions of the State of Texas, covering Licensee and its recreational invitees, for all liability arising out of injury to or death of one or more persons and injury to or destruction of the Property, by Licensee and its recreational invitees, in connection with the Property, in the amounts as shown on the "Certificate of Coverage" attached hereto as EXHIBIT "E" and made a part hereof. Any and all deductibles, or self- insured retentions, of all insurance policies required hereunder shall be assumed by, for the account of, and at the Licensee's sole risk and expense, and shall not be billed or payable by Licensor or its affiliates. Licensee shall furnish Licensor with a "Certificate of Coverage" and other documentation required to evidence compliance with this Section. Such "Certificate of Coverage" shall provide that thirty (30) days written notice shall be given to Licensor prior to cancellation of or material change in the coverage. In the event of cancellation of existing coverage or a material change in coverage, Licensee, at its sole cost, shall immediately obtain comparable coverage satisfactory to Licensor. Licensee shall not allow a lapse in coverage at any time during this Agreement. 21. Licensee's Use of Contractors. As part of the consideration for this Agreement, excluding Licensee's Police Department, Licensee shall have all construction, installation and maintenance of the Pedestrian and Bicycle Trail and related appurtenances under the Agreement performed only by qualified non - governmental contractors. 22. Contractor's Insurance. At all times during the Term of this Agreement, the Licensee shall cause its contractor(s) to procure and to maintain in full force and effect, at the contractor's sole expense, insurance of the following types and amounts, written by insurance companies satisfactory to Licensor having an A.M. Best's Rating of not less than "A- VII" and authorized to do business in the State of Texas. a. Workers' Compensation. Each contractor shall carry statutory workers' compensation insurance covering the contractor's employees in compliance with all requirements of the workers' compensation laws of the State of Texas. b. Employer's Liability. Each contractor shall carry employer's liability insurance covering the contractor's operations under this Agreement and involving the Property in an amount not less than the following. Each Accident $1,000,000 Each Disease Each Employee $1,000,000 Disease Policy Limit $1,000,000 c. General Liability. Each contractor shall carry general liability insurance on a form no less broad than the coverage provided by a "Commercial General Liability Insurance" form (dated 2004 or thereafter) promulgated by the Insurance Services Office, and containing language affording coverage for contractual Page 7 of 14