HomeMy WebLinkAboutItem 06.eJune 21, 2010
Item No. 61—
CONTRACT
WITH PAN-O-PROG RELATING TO INSURANCE
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Contract with Pan-O-
Proiz relating to insurance.
Approval of the Contract will result in the City of Lakeville being named as an Additional
Insured on a primary and non-contributory basis,
Overview
Pan-O-Prog has historically provided a Certificate of Insurance naming the City of Lakeville as
an Additional Insured. However, the underwriter will not provide the coverage on a primary and
non-contributory basis unless there is a written contract. Hence, the purpose of the Contract.
Primary Issues to Consider
➢ Definition of primary and non-contributory. Primary and Non -Contributory Wording
means your General Liability policy, or any insurance policy that has this endorsement on
it, will pay first in the event of a claim. The Non -Contributory part means that not only
will your policy pay first, but it will pay the full amount of the claim until the limits are
exhausted without your client contributing to the loss with their own insurance.
Supporting Information
• Done
Denm eller, Finance Director
Financial Impact: $ N.A. Budgeted: N.A.. Source: N.A.
Related Documents (CIP, ERP, etc.):
Notes:
Contract
Pan-O-Prog
The community celebration, Panorama of Progress (Pan-o-Prog) and the Fourth of July pyrotechnics event
(hereinafter "Community Celebrations") are intended to celebrate all that the Lakeville community has
become since it was founded in 1967. The Pan-o-Prog organization and the City and School District of
Lakeville work cooperatively to provide these premier Community Celebrations.
As Pan-o-Prog has grown through the years it has added and removed programs and activities. These
activities could not occur without a collaborative approach with a good understanding of the resources that
the various community organizations bring to bear. As the celebration has grown it has become more
complex and requires a clear understanding of the responsibilities and requirements of the organizations
involved.
Now therefore, in consideration of the City of Lakeville and Independent School District 194 participating
in the Community Celebrations, the parties agree as follows:
1. INSURANCE.
Comprehensive General Liability. Pan-o-Prog shall obtain the following minimum insurance
coverage and maintain it at all times throughout the duration of this Contract. The City of Lakeville
and Independent School District 1.94 shall be named as additional insureds on a primary and non-
contributory basis on the Comprehensive general liability insurance. Pan-o-Prog shall furnish the
City and School District 194 a certificate of insurance satisfactory to the City evidencing the
required coverage:
Bodily Injury & Property Damage $1,000,000 each occurrence
Including contractual liability $1,000,000 aggregate
Contractual Liability (identifying the Contract):
Bodily Injury & Property Damage $1,000,000 each occurrence
$1,000,000 aggregate
Comprehensive Automobile Liability (non -owned, and hired):
Bodily Injury & Property Damage $1,000,000 CSL
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Pan -O -frog will be solely responsible for obtaining Certificates of Insurance with the same
coverage from all individuals, businesses and organizations participating in the Community
Celebrations including but not limited to the following
o Food and concession vendors.
o Parade participants
o Cruise night participants.
o All Pan-O-Prog sanctioned events.
2. INDEMNITY. Pan-o-Prog shall indemnify and hold the City of Lakeville and Independent School
District 194 and their respective officers, employees, agents and volunteers harmless from any claims,
demands and judgments as a result of or connected with the Community Celebrations. In addition, Pan-o-
Prog shall reimburse the City and the School District for any cost of reasonable attorney's fees it may incur
as a result of any such claims.
3. TERM. This Agreement may be terminated on ninety (90) days' written notice by any party.
CITY OF LAKEVILLE INDEPENDENT SCHOOL PAN-O-PROG
DISTRICT 294
By: By: By:
By: By: By:
Dated:
Dated:
152306v01 1)
Dated: