FY2007-29A Transferring Responsibilities - Ouzinkie Replacement DockA RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
RESCINDING RESOLUTION NO. FY2007 -29 AND AUTHORIZING THE BOROUGH
MANAGER TO SIGN A NEW MEMORANDUM OF AGREEMENT (MOA) TRANSFERRING
CERTAIN RESPONSIBILITIES AND LIABILITY FOR LEGISLATIVELY GRANT #07 -DC -511
(OUZINKIE REPLACEMENT DOCK) TO THE CITY OF OUZINKIE
WHEREAS, during the 2006 legislative session the Kodiak Island Borough received a grant
#07 -DC -511 in the amount of $570,000 on behalf of the City of Ouzinkie for the design and
construction of the Ouzinkie Replacement Dock project; and
WHEREAS, the Borough Attorney has reviewed the requirements of the grant, and state statute
and finds that meeting these conditions requires the acceptance of substantial liability associated
with the project by the Borough for items that KIB has no direct control over (design issues,
construction practices and future maintenance); and
WHEREAS, the original MOA adopted by Resolution No. FY2007 -29 needs to be rescinded
because of substantial changes; and
WHEREAS, a new MOA has been drafted that transfers the liability associated with the project
from the Borough to the City of Ouzinkie; and
WHEREAS, the accounting, auditing and administration aspect of the grant is required to remain
with and be performed by the Borough; and
WHEREAS, though the grant allows a grant administration fee of up to 10 %, the borough elects
not to charge the grant for services provided by KIB; and.
WHEREAS, Borough Staff has been working with the City of Ouzinkie, the Ouzinkie Native
Corporation, and the Spruce Island Development Corporation (SIDCO) to move this project
forward by completing and accepting this MOA.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT Resolution No. FY2007 -29 is rescinded and that the Borough Manager is
authorized to sign the new Memorandum of Agreement with the City of Ouzinkie to transfer
certain grant responsibilities and liabilities identified in State Grant #07 -DC -511 to the City of
Ouzinkie who will be the ultimate owner and operator of the Ouzinkie Replacement dock.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTH DAY OF JUNE 2007
ATTEST:
Nova' . Javier, CMC, Bo -•ugh Clerk
Kodiak Island Borough, Alaska
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2007 -29A
Introduced by: Manager Gifford
Requested by: Manager Gifford
Drafted by: CDD Director
Cassidy
Introduced: June 7, 2007
Adopted: June 7, 2007
KODIAK ISLAND OROUGH
1K
JIne M. Selby, M
Resolution No. FY2007 -29A
Page 1 of 1
PURPOSE:
MEMORANDUM OF AGREEMENT BETWEEN
THE KODIAK ISLAND BOROUGH AND THE CITY OF OUZINKIE
REGARDING CITY OF OUZINKIE MANAGEMENT AND OPERATION
OF THE OUZINKIE DOCK REPLACEMENT PROJECT C
1. Provide grant administration for Grant 07 -DC -511 to ensure compliance with
grant provisions, including, but not limited to filing all progress and financial
reports required by DCCED.
kelfw 0-1-19t
This Memorandum of Agreement (Agreement) outlines the terms under which the
Kodiak Island Borough (the Borough) agrees to authorize the City of Ouzinkie
(hereinafter sometimes also referred to as City) to manage and operate the Ouzinkie
Dock Replacement Project (hereinafter sometimes referred to as "Project" and the end
product as "the Dock ") funded under Grant 07 -DC -511, issued by the Department of
Commerce, Community and Economic Development (DCCED) (hereinafter sometimes
referred to as "Grant Agreement "), attached hereto as Exhibit B and hereby incorporated
by reference and consistent with the following:
PROJECT TITLE: Ouzinkie Dock Replacement
AGREEMENT EFFECTIVE DATE: June 26 , 2007
AGREEMENT COMPLETION DATE: June 30, 2011
GRANT TERM: July 1, 2006 — June 30, 2011
SERVICES:
A. KODIAK ISLAND BOROUGH SHALL:
2. Reimburse the City of Ouzinkie for authorized expenditures incurred by the City
for the Ouzinkie Dock Replacement Project in an amount not to exceed that
provided for such purpose in the above referenced grant. These costs shall be
reimbursed subject to compliance with the Project Budget, and any subsequent
amendments to the Project Budget, and all other provisions of Grant 07 -DC -511,
issued by the DCCED.
B. THE CITY OF OUZINKIE SHALL:
1. Operate and manage the Ouzinkie Dock Replacement Project in compliic : . with
the Scope of Work and all other provisions of Grant 07 -DC -511' a d if t� � �;1 7 ;
subsequent amendments issued by DCCED.
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JUL -22
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Memorandum of Agreement — City of Ouzinkie Dock Replacement — Page 1 of 12' fiL ijfl _'(r t ; r, qA - ,
2. Procure engineering and design work, survey and mapping, geotechnical work,
permitting and construction services for the Dock Replacement Project in
compliance with the more stringent of Ouzinkie local ordinances, Kodiak Island
Borough or State of Alaska procurement requirements.
3. As ultimate owner of the Dock to be designed pursuant to this Agreement, City
expressly agrees to comply with the all grant provisions related to its ownership
and management of the facility, including but not limited to those provisions listed
below. The city also acknowledges that the Borough is not responsible for
performance of the obligations of the property owner, that the City shall perform
all such obligations, and shall hold the Borough harmless from any liability or
causes of action arising from ownership and operation of the dock. Further, the
City and Borough agree as follows -
a. Notwithstanding the terms of Article 2 of Attachment C of the Grant
Agreement, the Borough and City understand that the Grant Agreement is
for the benefit of the parties to it but that the improvements arising out of
the referenced grant are for the benefit of the City as the City will own the
Dock to be constructed using the grant funds.
Further, the City of Ouzinkie, its successors and assigns, will protect, save
and hold harmless the State of Alaska, its DCCED, and the Kodiak Island
Borough and their respective officers, officials, employees, agents and
volunteers, from all claims, actions, costs, damages or expenses of any
nature whatsoever by reason of the acts or omissions of the City, it's
subcontractors, assigns, agents, contractors, licensees, invitees,
employees or any person whomever arising out of or in connection with
any acts or activities authorized by the referenced Grant Agreement and/or
any activities arising there from or performed in connection therewith. The
City further agrees to defend the State of Alaska, its DCCED and the
Borough and their authorized agents and employees in any litigation,
including payment of any costs or attorney's fees for any claims or actions
commenced arising out of or in connection with acts or activities
authorized by the referenced Grant Agreement and /or any activities arising
there from or performed in connection therewith. This obligation shall not
include such claims, costs, damages or expenses which may be caused by
the sole negligence of the State of Alaska, its DCCED or the Borough or
their authorized agents or employees, provided, that if the claims or
damages are caused by or result from the concurrent negligence of (a) the
DCCED and /or the State of Alaska or the Borough and /or their agents or
employees, and (b) the City, it's agents or employees, this indemnity
provision shall be valid and enforceable only to the extent of the
negligence of the City, or the City's agents, employees, officials, officers
and volunteers.
b. In compliance with Attachment C, Article 24, of the Grant Agreement, the
City hereby assumes all liabilities arising from the ownership and operation
of the Project and agrees to hold the DCCED, the State of Alaska and the
Kodiak Island Borough harmless from any and all causes of action arising
Memorandum of Agreement — City of Ouzinkie Dock Replacement — Page 2 of 12
c. Notwithstanding the representations in Attachment C, Article 25 of the
Grant Agreement the Borough and City agree that a) the City owns the
property or city will acquire the property to be benefited by the referenced
grant, b) the City has the legal right to occupy the property and use the
property for all purposes necessary or desirable to the grant and c) the
City warrants that there is legal access to the property such that the Dock
will realize the benefits of the referenced Grant and benefit from
application of the grant funds. The City hereby grants the Borough all right
of access necessary or desirable to the Borough for administering the
Grant Agreement and as maybe further required of the Borough by the
Grant Agreement.
d. In compliance with Attachment C, Article 27 of the Grant Agreement, the
City agrees and warrants that it will comply with the requirements
regarding engineering services.
e. In compliance with Attachment C, Article 31 of the Grant Agreement, the
City agrees and warrants that the Dock shall be dedicated to public
purposes for its useful life and further that the benefits of the Project shall
be made available without regard to race, religion, color, national origin,
age, physical handicap, sex, marital status, changes in marital status,
pregnancy or parenthood.
f. In compliance with Attachment C, Article 32, of the Grant Agreement, the
City agrees that it will be solely responsible for the operation and
maintenance of any facility, improvements, equipment or other items
acquired under the referenced Grant between DCCED and the Borough.
Re: Appendix B2 Articlel of the Grant Agreement — Notwithstanding any
other indemnity term in this Agreement the City shall indemnify, save
harmless and defend the State of Alaska and the Kodiak Island Borough,
their officers, agents, employees, officials and volunteers from all liability,
including costs and expenses, for all actions or claims resulting from
injuries or damages sustained by any person or property arising directly or
indirectly as a result of any error, omission or negligent act of the City or
it's subcontractor(s), their employees, officers, officials, agents and
volunteers or anyone directly or indirectly employed by them in the
performance of the contract or construction Project or the use of the Grant
funds.
g.
from the ownership and operation of the Project and /or use of the grant
funds.
All actions or claims including costs and expenses resulting from injuries or
damages sustained by any person or property arising directly or indirectly
from the City's performance of this Agreement which are caused by the
joint negligence of the Borough or State and City shall be apportioned on a
comparative fault basis. Any such joint negligence on the part of the State
or Borough must be a direct result of active involvement by the State or
Borough.
Memorandum of Agreement — City of Ouzinkie Dock Replacement — Page 3 of 12
h. Appendix E /Site Control - The City shall provide the Borough evidence
satisfactory to the Borough that the City has control or will have control of
the project site, including but not limited to, construction, construction,
utility projects, fuel storage, roads and trails necessary or desirable for
successful use of the grant funds and project completion. The City hereby
grants to the Borough authorization, to the extent the Borough deems
necessary or desirable, to use or access the Ouzinkie Dock and such
other City property as roads, fields and /or utilities, in connection with
construction of the Ouzinkie Dock with the grant funds referenced in this
Agreement.
i. All other provisions of the Grant Agreement are incorporated herein by
reference and to the extent the Grant Agreement places burdens on the
Borough, which burdens are in the Borough's sole discretion more
appropriately burdens of the City, the City hereby assumes such burdens.
4. Request prior approval from the Borough and DCCED for any work contracted to
a third party and meet all other requirements for third party agreements including
but not limited to those contained in Sections C 9, 10 and 11 of this Agreement,
all applicable provisions of Grant 07 -DC -511 as amended, and the City of
Ouzinkie Code of Ordinances.
5. Provide documentation and reports requested by the Borough to ensure
compliance with grant provisions. Further, the City agrees that the Department of
Commerce and Community Economic Development of the State of Alaska and
other authorized representatives of the State of Alaska shall have full access and
the right to examine, excerpt, or transcribe any pertinent documents, papers,
records, and books or the City, and of persons or organizations with which the
City may contract under this Agreement.
C. ADDITIONALLY, THE PARTIES AGREE AS FOLLOWS:
1. Grant Agreement No. 07 -DC -511, Ouzinkie Dock Replacement, effective
November 14, 2006 is herein incorporated in its entirety by reference. The
parties agree that all provisions of the Grant Agreement between the Borough
and the Department of Commerce, Community and Economic Development
(DCCED) are herein incorporated as if enumerated herein. Notwithstanding that
the above referenced Grant Agreement is between the State of Alaska and the
Kodiak Island Borough, as between the Kodiak Island Borough and the City of
Ouzinkie, the City agrees to assume all burdens, duties and obligations (however
termed nr characterizeri) a scrihed to the Borough as grantee b w hich arise
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from, or relate to 1) City's ownership or 2) operation of the facility to be improved
or related property, release the Borough from the same, and indemnify, defend
and hold harmless the Kodiak Island Borough from all such duties, obligations
and burdens, including but not limited to those stated in Article 2; Article 24;
Article 25; Article 27; Article 31; Article 32; Appendix B 2 Article l ; Appendix
E /Site Control of the Grant Agreement. The parties to this Agreement shall
cooperate in implementing the terms of the Grant Agreement.
Memorandum of Agreement - City of Ouzinkie Dock Replacement - Page 4 of 12
2. Compensation.
a. Total Compensation. Unless expressly agreed to in writing by the Borough
and City, the maximum payment by the Borough to City for the portion of this
Project funded by Grant 07 -DC -511 shall be $570,000 or the entire amount of
the grant. No administrative fees for managing this grant will be charged
against the grant.
b. Manner of Payment. The Borough shall make payments to the City as
follows: City shall submit monthly invoices for services rendered and for
reimbursable expenses incurred within sixty (60) day of performance of the
service or incurring the expense unless an extension is authorized in writing
by the Borough Manger. The invoice shall itemize the hours worked, tasks
addressed and /or completed, identifying the number and classification of
hours worked in each task. Reimbursables shall be supported by true,
correct and legible copies of City's invoices for authorized reimbursables,
check copies or other proof of payment, copies of payroll records including
signed and approved timesheets, payroll checks, and fringe benefit costs.
The Borough may refuse any claim for services or expenses a) for monthly
invoices made more than sixty (60) days after performance of the service or
incurring the expense (without an extension) or b) for the final invoice, made
more than fifteen (15) days after the termination date of Grant Agreement. If
the Borough objects to any invoices or portions thereof submitted by the City,
the undisputed portion shall be paid.
3. Termination. This Agreement may be terminated by either party for any reason,
prior to its expiration date on thirty (30) days written notice to the other party
however the Borough shall be entitled to terminate this Agreement for its
convenience upon seven days notice to City and limit its obligations to the City to
amounts earned, incurred or obligated by the City prior to receipt of the
termination for convenience notice from the Borough.
If Grant 07 -DC -511 is terminated or suspended by DCCED for any reason prior to
the termination date in the Grant Agreement, this Agreement shall be terminated
on the same date.
If this Agreement is terminated for any reason, the Department of Commerce,
Community and Economic Development shall be notified in writing addressed to
DCCED Grants Section, PO Box 110809, Juneau, Alaska 99811 -0809 within ten
rive of et irh termination
days of ��av� 1 termination.
i n i iauvI 1.
4. Insurance. City will submit certificates of insurance for this Agreement and agrees
to the conditions regarding insurance as set forth above and in attached Exhibit
A, which is incorporated herein by reference and made a part of this Agreement.
Memorandum of Agreement — City of Ouzinkie Dock Replacement -- Page 5 of 12
5. Notice to Proceed. This Agreement shall not be binding upon the Borough or City
until the Borough furnishes City a Notice to Proceed. The Notice to Proceed shall
be attached to and made a part of this Agreement. Any work done by City before
the Notice is furnished and attached to this Agreement shall be at City's own
expense and risk, provided however, that work performed by City before receipt
of the Notice to Proceed (early work), and which is consistent with this agreement
and approved in writing by Borough before or after performance of such work,
shall be compensated for under this Agreement, if such Notice to Proceed is later
furnished by Borough and attached to this Agreement together with the Borough's
written approval of the "early work ".
6. Indemnity. City agrees to indemnify, defend [with legal counsel approved by
Borough], and hold the Borough and its administrators, officers, agents,
employees, volunteers and servants and the Department of Commerce,
Community and Economic Development and the State of Alaska and its
administrators, officers, agents, employees, volunteers and servants harmless
from and against any and all claims, demands, actions, losses, expenses, and
liabilities for, or related to, loss of or damage to property or injury to or death of
any person relating to or arising or resulting in any way from the performance by
City or any of its Subcontractors under the Agreement, or the work or services
provided or the condition or use thereof, regardless of any negligence of the
Borough or DCCED, excepting only such loss, damage, injury or death which
results solely from the negligence or willful misconduct of the Borough or DCCED
or solely from the joint negligence or willful misconduct of Borough or DCCED
and a third party directed by Borough or DCCED.
This clause shall be read and construed consistent with any other same or similar
clause in this Agreement such that the Borough and State derive maximum
benefit of defense, indemnity and hold harmless from the City.
7. Third Party Contracts. Prior approval by the Borough and DCCED is required for
any work to be contracted to a third party. Any subcontractor shall be bound to
every provision of the Grant Agreement and each subcontract shall include a
provision that the Borough, DCCED and the State of Alaska are not liable for
damages or claims for damages arising from any subcontractor's performance or
activities under the terms of the subcontract.
8. Conflict of interest. No officer, employee or member of the Borough or City ; no
member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of such locality or localities who
exercises any functions or responsibilities with respect to the project during his or
her tenure, shall have any personal or pecuniary gain or interest, direct or
indirect, in any contract, subcontract or the proceeds thereof, for work to be
performed in connection with the project assisted under the Grant 07 -DC -511.
9. Discrimination. City may not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, age, physical
Memorandum of Agreement — City of Ouzinkie Dock Replacement — Page 6 of 12
handicap, sex, marital status, changes in marital status, pregnancy or
parenthood. City shall post in a conspicuous place, available to employees and
applicants for employment, a notice setting out the provisions of this paragraph.
a. The City shall state, in all solicitations or advertisements for employees to
work on this project (a state funded project), that it is an equal opportunity
employer (EEO) and that all qualified applicants will receive consideration for
employment without regard to race, religion, color, national origin, age,
physical handicap, sex, marital status, changes in marital status, pregnancy
or parenthood.
b. The City shall include the provisions of this Discrimination article in every
contract relating to this Agreement and the Borough's Grant Agreement from
which this Agreement is derived, and shall require inclusion of these
provisions in every agreement entered into by any of its contractors, so that
those provisions will be binding upon each contractor or subcontractor.
10. Compliance with Laws. City agrees to comply with all applicable federal, state
and local laws and regulations.
11. Audit. The City agrees that it is bound to, and subject to, all terms of the
incorporated "Appendix A Audit Regulations" and "Appendix B Audit Compliance
Supplement" to the Grant Agreement.
12. Law and Venue. The law of the State of Alaska shall govern this Agreement.
Venue for any legal proceeding relating to this Agreement shall be in the Superior
Court in Kodiak Alaska.
13. Notice. Unless otherwise provided herein, any notices or other communications
required or permitted by this Agreement to be delivered to the Borough or City
shall be in writing and shall be considered delivered when personally delivered to
the party to whom it is addressed, or in lieu of such personal delivery, when
deposited in the United States mail, first class certified mail with return receipt
requested, postage prepaid, addressed to the Borough or City at the address set
forth below:
Kodiak Island Borough
Attn: Borough Manager
710 Mill Bay Road
Kodiak, Alaska 99615
City of Ouzinkie
Zack Chichenoff, Mayor
PO Box 109
Ouzinkie, Alaska 99644
Memorandum of Agreement — City of Ouzinkie Dock Replacement — Page 7 of 12
14. Entire Agreement. This Agreement constitutes the entire agreement between the
Borough and City as to the matters stated herein. It supersedes all prior oral and
written understandings and agreements as to such matters. it may be amended,
supplemented, modified or canceled only by a duly executed written instrument.
It shall bind the Borough and City, its successors, executors, administrators,
assigns and legal representatives.
DATED the day and year last written below.
rlr's,N� Rick Gifford, Manager /744
ate Zack Chichenoff, Mayor
ads Kodiak Island Borough City of Ouzinkie
6��r cr
ATTEST: r ell
Clerk /
REVIEWED AS TO FORM:
t1 u1
Kodiak Isla Borough Attorney Date
Memorandum of Agreement — City of Ouzinkie Dock Replacement -- Page 8 of 12
EXHIBIT A
INSURANCE REQUIREMENTS
Insurance Requirements for City.
City shall procure and maintain the following insurance:
A Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number CG 0001 (Edition 10 01) covering
Commercial General Liability.
2. Insurance Services Office form number CA 0001 (Edition 7 97) covering
Automobile Liability, symbol 1 "any auto ".
3. Workers' Compensation insurance as required by the State of Alaska and
Employer's Liability Insurance.
4. Professional Liability insurance against liability arising out of the rendering or
failure to render professional services under this Agreement on a form
acceptable to the Borough.
5. Employee Dishonesty insurance for loss to the Borough's property or money,
caused by the fraudulent or dishonest acts of City's employees or
subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, whether acting alone or in
collusion with others.
B Minimum Limits of Insurance
City shall maintain limits no less than:
1. General Liability
$1,000,000 combined single limit per occurrence for bodily injury, property
damage, personal injury and advertising injury. The general aggregate limit
shall be $2,000,000. The general aggregate limits shall apply separately to
each project.
General liability insurance shall be maintained in effect until final acceptance by
the Borough of the completed construction and, for products liability and
completed operations liability, at least five years thereafter.
If the City utilizes a subcontractor(s) to perform any part of the work under this
contract, the general liability insurance shall not contain any endorsements that
exclude the work of the subcontractor(s).
Memorandum of Agreement — City of Ouzinkie Dock Replacement — Page 9 of 12
2. Auto Liability:
$1,000,000 combined single limit per accident for bodily injury and property
damage.
For any Borough auto(s) being driven by the City (including any employee,
supervisor, manager, agent, sub - Contractor or their employee, supervisor,
manager, agent, etc.), the City agrees to insure that vehicle(s) as a scheduled
auto(s) to their auto policy. It is agreed that the City's auto policy will:
(a) Provide the primary liability insurance for the Borough auto(s) as though
the auto(s) were a leased auto(s), naming the Borough as an additional
insured and loss payee; and
(b) Provide for physical damage losses (both comprehensive and collision)
with a deductible of no more than $1,000 per accident and naming the
Borough as an additional insured and loss payee.
3. Workers' Compensation and Employer's Liability:
Workers' Compensation shall be statutory as required by the State of Alaska.
Employer's Liability shall be endorsed to the following minimum limits:
Bodily Injury By Accident - $1,000,000 each accident;
Bodily Injury By Disease - $1,000,000 each employee;
Bodily Injury By Disease - $1,000,000 policy limit.
4. Professional Liability:
$1,000,000 combined single limit per occurrence. The general aggregate limit
shall be $1,000,000. The professional liability insurance shall be maintained
in effect until final acceptance by the Borough of the completed project.
If the professional liability insurance is written on a claim made form, City shall
provide insurance for a period of five years after final payment of this
Agreement. The policy(s) shall evidence a retroactive date, no later than the
beginning of this Agreement.
5. Employee Dishonesty:
$100,000 per claim.
6. Excess Liability:
In order to meet the required minimum limits of insurance it is permissible for
City to combine an excess liability or umbrella policy with the general liability,
auto liability or employer's liability. In the instance where City purchases an
Memorandum of Agreement — City of Ouzinkie Dock Replacement — Page 10 of 12
excess liability or umbrella policy the occurrence limit and the aggregate limit
may be of the same amount on the excess liability or umbrella policy.
Excess liability insurance, if any, shall be maintained in effect until final
acceptance by the Borough of the completed construction, project, services, or
contract, and, for products liability and completed operations liability, at least five
years thereafter.
If the excess liability insurance is written on a claim made form, the City shall
provide insurance for a period of five years after final payment of this agreement.
The policy(s) shall evidence a retroactive date, no later than the beginning of this
agreement.
C. Deductibles and Self- Insured Retention
Prior to work commencing any deductible or self- insured retention must be
declared and approved by the Borough. City may be requested to demonstrate
how the deductible or self - insured retention will be funded in the event of a claim.
At the option of the Borough, City shall reduce or eliminate such deductibles or
self - insured retention as respects the Borough, its officers, officials, employees
and volunteers; or City shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability, Automobile Liability and Excess Liability
(a) The Borough, its officers, officials, employees and volunteers are to be
covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of City; products and completed operations of
City, premises owned, occupied or used by City, or automobiles owned,
leased, hired or borrowed by City. The coverage shall contain no special
limitation on the scope of protection afforded to the Borough, its officers,
officials, employees and volunteers.
(b) City's insurance coverage shall be primary insurance as respects the
Borough, its officers, officials, employees and volunteers. Any insurance
or self- insurance maintained by the Borough, its officers, officials,
emralntioon ..reel ve-.l„ri4esesre. e.h.,ll h., .w..e.e.n e.i h.4 ,..- ...J ..k..Il ....♦
GI III./IVy GGJ G1111.4 VVIU11LGGIJ J1141:111 VG GJIVGJJ VI Vll�l J 11 IJUI al IL GI IU Shall not
contribute to it.
(c) City's insurance shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's
liability.
2. Workers' Compensation and Employer's Liability
Memorandum of Agreement — City of Ouzinkie Dock Replacement — Page 11 of 12
The City's insurer shall agree to waive all rights of subrogation against the
Borough, its officers, officials, employees and volunteers for losses arising
from work performed by City or any subcontractor for the Borough.
3. All insurance
Each insurance policy required by this Agreement shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after 30 days prior written notice for
nonpayment of premium or fraud on the part of City or 60 days prior written
notice for any other reason by certified mail, return receipt requested, has
been given to the Borough. Such notice shall be mailed by City's insurer(s) to
the attention of the Borough's Risk Manager.
4. Added Insured
The Borough and State of Alaska / DCCED shall be identified as certificate
holders and as additional insureds on City's insurance and the certificate(s) on
its face shall demonstrate that the requirements of D 1 — 4 (in this Exhibit A)
above are met.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A +.
F. Verification of Coverage
City shall furnish the Borough with approved certificates of insurance and with
certified copies of all endorsements effecting coverage required by this clause.
The certificates and endorsements for each insurance policy are to be signed by
a person authorized by that insurer to bind coverage on its behalf. The
certificates are to be on forms provided by the Borough. All certificates are to be
received and approved by the Borough before the contract is processed. The
Borough reserves the right to require complete, certified copies of all required
insurance policies, at any time.
G. Subcontractors
City shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements semed l is IUI each l subco dU actor . All coverage for
subcontractors shall be subject to all requirements stated herein.
Memorandum of Agreement — City of Ouzinkie Dock Replacement — Page 12 of 12