2013 Utility Billing Production Agreement_201401161651277279Utility Billing Production Agreement
Third Millennium Associates, Inc. and the Village of Oak Brook
THIS UTILITY BILLING PRODUCTION AGREEMENT (this "Agreement") is
made and entered into as of this 12t8ay or '2013 ("Execution Date"), between the Village
of Oak Brook, an Illinois Municipal Corporation (referred to herein as "Village"), which has a
mailing address of 1200 Oak Brook Road, Oak Brook, Illinois 60523-4601 and Third
Millennium Associates, Inc. (Referred to herein as "TMA"), which has a mailing address of
4200 Cantera Dr, Suite 105 Warrenville, IL 60555.
Term/Termination
The term of this Agreement shall be three years from the Execution Date ("Term"). The parties
may renew this agreement for an additional two-year period at the end of the Term by mutual
written agreement made at least 30 days prior to the end of the Term ("Extension Term"). The
parties may further extend the Agreement for an additional one-year period at the end of the
Extension Term ("Additional Extension Term") by mutual written agreement made at least
thirty days prior to the end of the Extension Term.
2. Scope of Services
Except as specifically provided in the text of this Agreement, TMA shall, and agrees to provide
to the Village, programming, Information technology services, laser imaging and mailing
services for the purpose of rendering utility billing system invoices and other items as detailed on
the attached Schedule A (collectively, "Services").
In the event of a conflict between a Schedule and the text of this Agreement, the text of this
Agreement shall control.
Pre -agreement Confidentiality
Confidentiality and non -disclosure are defined by mutual agreement between TMA and the
Village per the agreement executed on the day of.��2013 by TMA and the Village and
attached hereto as Schedule C.
4. Pricing Structure
The prices on which the Services will be provided by TMA to the Village are set forth on the
attached Schedule B.
5. Postage Cost
Postage costs are not included in the attached listed prices and will be paid by the Village
directly to the USPS via C.A.P.S. (Centralized Account Processing System). The Village will be
required to open and maintain a C.A.P.S. account. TMA will provide the 3602 document for
your review, with the monthly postage required for your Utility bills and / or other TMA imaged
mailing on behalf of the Village. The Village will pay the estimated monthly postage directly to
the USPS, via the C.A.P.S. system. The USPS will report directly to the Village all amounts
charged to the Village postal account.
6. Payment Terms
Services provided by TMA shall be cumulatively billed on a monthly basis. TMA shall submit
invoices in an approved format to the Village Manager. Each invoice shall detail each individual
mailing and the dates of the provided service. The amount billed in each invoice for the Services
shall be based solely upon the rates set forth in this Agreement. The Village shall pay to TMA
the amount billed within 25 days after receiving such invoice.
TMA shall maintain records showing actual utility bills, late notices, and delinquent notices
mailed out, and shall permit the Village to inspect and audit all Village of Oak Brook data and
records of TMA for work done pursuant to this Agreement. The records shall be made available
to the Village at TMA's offices at reasonable times during the term of this Agreement, and for
one year after the termination of this Agreement.
TMA acknowledges and agrees that the Village shall not be liable for any costs incurred by
TMA in connection with any Services provided by TMA that are outside the scope of this
Agreement ("Additional Services"), regardless of whether such Additional Services are
requested or directed by the Village, except upon the prior written consent of the Village.
Each payment by the Village to TMA includes all applicable federal, state, and Village taxes of
every kind and nature applicable to the Services as well as all taxes, contributions, and premiums
for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar
benefits and all costs, royalties, and fees arising from the use of, or the incorporation into, the
Services, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices,
processes, or inventions. All claim or right to claim additional compensation by reason of the
payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and
released by TMA.
TMA Quality Commitment
TMA represents and certifies that the Services shall be performed in accordance with the
standards of professional practice, care, and diligence practiced by recognized firms in
performing services of a similar nature in existence during the term of this Agreement. The
representations and certifications expressed shall be in addition to any other representations and
certifications expressed in this Agreement, or expressed or implied by law, which are hereby
reserved unto the Village.
TMA guarantees that it will maintain consistent standards of quality workinanship and warrants
the accurate and timely processing, printing and mailing of the document as outlined in Section
ll of this Agreement and that the Services will be free from defect in materials and
workmanship.
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TMA further represents that it is financially solvent, has the necessary financial resources, and is
sufficiently experienced and competent to perform and complete the Services in a manner
consistent with the standards of professional practice by recognized firms providing services of a
similar nature. TMA shall provide all personnel necessary to complete the Services.
8. Limits on TMA's Liability
TMA shall not be held liable for errors of omission caused solely from inaccuracies or defects in
any data provided to TMA by the Village, or for errors, omissions or delays caused solely by the
Village's improper input and output data controls and procedures.
9. Indemnification; Insurance; Liabilit
A. Indemnification. TMA agrees that TMA shall indemnify, save harmless, and defend
the Village against all damages, liability, claims, losses, and expenses (including
attorneys' fee) that may arise, or be alleged to have arisen, out of or in connection with (i)
TMA's performance of, or failure to perform, the Services or any part thereof; (ii) any
failure to meet the representations and certifications set forth in this Agreement,
including without limitation and failure to meet the representations and warranties in
Section 7 of this Agreement; (iii) any disclosure by TMA, or TMA's officers, employees,
representative, or agents of the Village's information in violation of Section 13 of this
Agreement; or any use of the Village's billing information by TMA, or or TMA's officers,
employees, representative, or agents, of the Village's information for any purpose other
than to provide the Services in accordance with the terms of this Agreement. TMA is not
responsible for indemnification amounts in excess of TMA's liability insurance limits.
B. Insurance. TMA acknowledges and agrees that TMA shall, and has a duty to,
maintain adequate insurance, in an amount, and in a forth and from companies,
acceptable to the Village and pursuant to the terms set forth in Schedule D.
C. No Personal Liability. No elected or appointed official, or employee of the
Village shall be personally liable, in law or in contract, to TMA as the result of the
execution of this Agreement.
10. Force Majeure
If either party is delayed or hindered in or prevented from the performance of any act required
hereunder because of strikes, lockouts, failure of power, restrictive laws, riots, insurrection, war,
fire, inclement weather or other casualty or other reason of a similar or dissimilar nature beyond
the reasonable control of the party, financial inability excepted (each, a "Force Majeure
Event"), performance of such act shall be excused for the period of delay caused by the Force
Majeure.
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It. Division of Responsibilities
A. TMA Responsibilities
1) To write the software required to convert the Village billing flat file to the
required laser image format.
2) To write software that will allow the Village's billing data files to be processed
through Postal software for the purpose of reducing the Village's postage to the
minimum allowable postage piece rate.
3) To procure all materials required to produce and to mail the Utility bills. This
includes the Utility billing invoice, the No. 10 window envelope and the No.9
courtesy reply envelope.
4) TMA will provide to the Village via its -TMA Gateway (TMAG) software a
record count and control totals for the Utility billing file no later than three (3)
hours after receipt of the file.
5) TMA will provide its employees all necessary training to ensure the
confidentiality of the Village's information.
6) TMA will maintain effective and timely communications with the Village in all
matters pertaining to the responsibilities listed herein.
B. Village Responsibilities
1) To use reasonable efforts to provide TMA, at the project initiation, with
consistently populated Utility billing files with all the applicable billing business
rules and all of the Utility billing variations and exceptions for the purpose of
laser imaging Utility bills.
2) Once the initial project implementation has passed, and moved into production
phase, the Village shall pay TMA for all further changes made by the Village a
rate not to exceed $150 per hour to make any changes to the Village's billing files
or the billing business miles after TMA has provided invoice proof copies and
Village has accepted format and function of Utility bills generated. TMA will not
charge the Village any fees pursuant to this subsection 11.B.2 unless it receives
prior written authorization from the Village to do so.
3) To provide to TMA a response via TMAG within one business -day after receiving
a written request to verify the record count and control totals as stated in Section
11.AA of this Agreement.
4) To maintain a C.A.P.S. postal account.
5) To pay all correctly rendered TMA invoices in accordance with Section 6 of this
Agreement.
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12. Cancellation
In the event either party is in breach of any of the terms contained herein, the non -breaching
party shall give written notice of said breach to the breaching party. The breaching party shall
have ten (10) days to cure the breach. In the event said breach is not cured within ten (10) days
of notice, the non -breaching party may then terminate this Agreement.
13, Post -agreement Confidentiality
In the event of cancellation or expiration of this Agreement, TMA shall return to the Village all
materials and information pertaining to the performance of this Agreement. These materials shall
include, but are not limited to, all electronic media, all printed material, all notes, memos or other
sources of Village confidential information.
In no instance, prior to, during, or after the conclusion of this Agreement, shall TMA offer for
sale or in any other manner disclose to any third party the Village's document files, any other
such Village files, whether written or in electronic media format, or any of the information
thereon without the Village's prior written consent.
14. Materials Production
Prior to materials production runs, TMA will notify the Village in writing of the items to be
produced, production quantities planned and the estimated period of materials consumption.
TMA will base its materials production quantities on projections using current semi -annualized
Utility billing volume. Any materials (i.e., non imaged forms, envelopes, etc.) that have been
produced specifically and exclusively for Village's use will be paid for by Village and at
Village's written request will be returned by TMA to Village upon cancellation or expiration of
this agreement. Notwithstanding anything contained herein to the contrary, in the event of
cancellation, termination, or expiration of this agreement due to an Event of Default by TMA,
the Village shall not be responsible for the payment of any materials that have been specifically
and exclusively produced for the Village and not used prior to the Event of Default.
15. General Provisions
A. Relationship of the Parties. TMA shall act as an independent contractor in providing and
performing the Services. Nothing in, nor done pursuant to, this Agreement shall be
construed to: (1) create the relationship of principal and agent, employer and employee,
partners, or joint venturers between the Village and TMA; or (2) to create any
relationship between the Village and any subcontractor of TMA.
B. Conflicts of Interest. TMA represents and certifies that, to the best of its knowledge: (1)
no Village employee or agent is interested in the business of TMA or this Agreement; (2)
as of the date of this Agreement, neither TMA nor any person employed or associated
with TMA has any interest that would conflict in any manner or degree with the
performance of the obligations under this Agreement; and (3) neither TMA nor any
person employed by or associated with TMA shall at any time during the term of this
Agreement obtain or acquire any interest that would conflict in any manner or degree
with the performance of the obligations under this Agreement.
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C. No Collusion. TMA represents and certifies that TMA is not barred from contracting
with a unit of state or local government as a result of (1) a delinquency in the payment of
any tax administered by the Illinois Department of Revenue unless TMA is contesting, in
accordance with the procedures established by the appropriate revenue act, its liability for
the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois
Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (2) a violation of either Section 33E-3
or Section 33134 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.
If at any time it shall be found that TMA has, in procuring this Agreement, colluded with
any other person, firm, or corporation, then TMA shall be liable to the Village for all loss
or damage that the Village may suffer, not to exceed TMA's liability insurance limits and
this Agreement shall, at the Village's option, be null and void.
D. Compliance with Laws and Grants. TMA shall give all notices, pay all fees, and take all
other action that may be necessary to ensure that the Services are provided, performed,
and completed in accordance with all required governmental permits, licenses, or other
approvals and authorizations that may be required in connection with providing,
performing, and completing the Services, and with all applicable statutes, ordinances,
rules, and regulations, including without limitation the Fair Labor Standards Act; any
statutes regarding qualification to do business; any statutes prohibiting discrimination
because of, or requiring affirmative action based on, race, creed, color, national origin,
age, sex, or other prohibited classification, including, without limitation, the Americans
with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights
Act, 775 ILCS 5/1-101 et seq. TMA shall also comply with all conditions of any federal,
state, or local grant received by the Village or TMA with respect to this Agreement or the
Services. TMA shall be solely liable for any fines or civil penalties that are imposed by
any governmental or quasi -governmental agency or body that may arise, or be alleged to
have arisen, out of or in connection with TMA's, or its subcontractors, performance of,
or failure to perform, the Services or any part thereof. Every provision of law required by
law to be inserted into this Agreement shall be deemed to be inserted herein.
E. Default. If it should appear at any time that TMA has failed or refused to prosecute, or
has delayed in the prosecution of, the Services with diligence at a rate that assures
completion of the Services in full compliance with the requirements of this Agreement, or
has otherwise failed, refused, or delayed to perform or satisfy the Services or any other
requirement of this Agreement ("Event of Default"), and fails to cure any such Event of
Default within ten business days after the TMA's receipt of written notice of such Event
of Default from the Village, then the Village shall have the right, without prejudice to any
other remedies provided by law or equity, to (1) terminate this Agreement without
liability for further payment; or (2) withhold from any payment or recover from the
TMA, any and all costs, including attorneys' fees and administrative expenses, incurred
by the Village as the result of any Event of Default by TMA or as a result of actions
taken by the Village in response to any Event of Default by TMA. Any and all amounts
not to exceed the General Liabilty Insurance policy carried by TMA.
F. Assignment. This Agreement may not be assigned by the Village or by TMA without the
prior written consent of the other party.
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G. Subcontractors. TMA shall not use any subcontractor to perform the Services without the
prior written consent of the Village, which consent may be withheld in the Village's sole
discretion.
H. Notice. All notices required or permitted to be given under this Agreement shall be in
writing and shall be delivered: (1) personally; (2) by a reputable overnight courier; or by
(3) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage
prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed
received upon the earlier of: (a) actual receipt; (b) one business day after deposit with an
overnight courier as evidenced by a receipt of deposit; or (c) three business days
following deposit in the U.S. mail, as evidenced by a return receipt. Notices and
communications to the Village shall be addressed to, and delivered at, the following
address:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Village Manager
With a copy to:
Holland & Knight LLP
131 S. Dearborn, 30th Floor
Chicago, Illinois 60603
Attention: Peter M. Friedman, Village Attorney
Notices and communications to TMA shall be addressed to, and delivered at, the following
address:
Third Millennium Associates. Inc.
4200 Cantera Drive, Suite 105
Warrenville, IL 60555
Attention: James J. Leader, C.E.O.
I. Waiver. Neither the Village nor TMA shall be under any obligation to exercise any of the
rights granted to them in this Agreement except as it shall determine to be in its best
interest from time to time. The failure of the Village or TMA to exercise at any time any
such rights shall not be deemed or construed as a waiver of that right, nor shall the failure
void or affect the Village's or TMA's right to enforce such rights or any other rights.
J. Third PartBeneficiary. No claim as a third party beneficiary under this Agreement by
any person, firm or corporation shall be made or be valid against the Parties.
K. Prevailing Party. In the event of a judicial proceeding brought by one Party against the
other Patty, the prevailing Party in such judicial proceeding shall be entitled to
reimbursement from the unsuccessful Party of all costs and expenses, including
reasonable attorneys' fees, incurred in connection with such judicial proceeding.
L. Amendment. No amendment or modification to this Agreement shall be effective unless
and until it is reduced to writing and approved and executed by the parties to this
Agreement in accordance with all applicable statutory procedures.
M. Entire Agreement. This agreement constitutes the entire agreement between the parties
pertaining to the subject matter hereof and supersedes all prior agreements. No
amendment, modification, waiver or termination of this agreement shall be binding
unless executed in writing by the party to be bound thereby.
N. Governing Law. This Agreement shall be governed by and construed and enforced in
accordance with the substantive laws of the State of Illinois as if the Agreement were
made in Illinois for performance entirely within the State of Illinois. All judicial actions
relating to any interpretation, enforcement, dispute resolution or any other aspect of this
Agreement shall be brought in the Circuit Court of the State of Illinois, DuPage County,
Illinois. Any matter brought pursuant to the jurisdiction of the federal courts shall be
brought in the United States District Court of the Northern District of Illinois.
O. Severability. If any provision, clause or part of this agreement, or the application thereof
under certain circumstances is held illegal or unenforceable, the remainder of this
agreement, or the application of such provision, clause or part under certain
circumstances, shall not be affected thereby.
IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed the
Agreement effective as of the date last written below.
AUTHORIZATION
THIRD MILLENNIUM ASSOCIATES, INC.
AMSignature:
Name: Lance Leader
Title: President
Date: June 13, 2013
VILLAGE OF
Signature \
Name: p t t 4��L I Q� nQ C i
Title:
Date:
Schedule A
Materials to be provided by TMA:
Ml. 8 1/2X11" Utility bill printed two colors on the face and one color on the back Paper is
201b. MOCR bond, with a cross perforation to create the remittance portion of the
document.
M2. No. 10 window envelope printed one color on the face. Paper is 24 lb. white -wove.
M3. No.9 courtesy reply envelope printed one (1) color on the face. Paper is 24 lb. white -
wove.
M4. With mutual written agreement, the Village may authorize TMA to provide certain
materials for new projects or variations of the billing project. These material descriptions
may be attached to, and become a part of Schedule "A".
Services to be provided by TMA:
Sl. To write Village billing flat file conversion software that will allow the laser imaging of
Village Utility bills per the charges stated in Schedule "B" of this Agreement.
S2. To write the required software that will allow the Village's billing flat file to be processed
by TMA postal software.
S3. To process the Village's data file using TMA postal sort application software to reduce
the Village's postage rate to the minimum piece rate amount allowed by the USPS.
54. To laser image Village Utility bills in quantities and frequencies as stated in Schedule
`B" of this Agreement.
S5. To insert, seal, tray, sleeve, band, label, palletize and prepare USPS form 3602 and
deliver to the US Post office all pieces laser imaged with respect to item S4.
S6. To insert additional pieces into the outgoing No. 10 billing envelope as directed by the
Village per the conditions and charges as stated in Schedule "B" of this Agreement.
ST With mutual written agreement, the Village may authorize TMA to provide additional
services and / or products for new projects or variations of this billing project. These
service descriptions may be attached to, and become a part of Schedule "A".
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SCHEDULE B - Pricing
The prices contained herein are based on an estimated average annual usage of 34,200 Utility
bills and 4,500 Late Notices. There will be no more than two production runs every month for
the above stated items. Each Utility billing unit shall consist of the components described in
Schedule A.
113. Village Utility bills and Late notices will be laser imaged and mailed at a cost of 10.1
cents per bill (excluding postage). Prices are based on a Bi -monthly billing cycle. Every
odd month TMA will bill 5,200 Utility accounts in one production run. And every even
month TMA will laser print and mail 500 bills. This agreement will also cover the option,
every other month, 800 Delinquent notices. There is a one-time system set up charge of
$0. There will be a complete pre -production test of all systems and components. Included
are all Schedule "A" items and printed matter proofs. Also included are the consulting
services to coordinate your software. Bank and TMA software. Extensive software tests
to insure data input and output integrity including abbreviated production runs. TMA,
Village Software and Village will use the TMA Gateway for the edit process to verify all
record counts and various control totals. The above procedures will allow each party to
comply with their responsibilities as stated in Paragraph seven (7).
The TMA PDF electronic Utility bill archival / Adobe Acrobat retrieval system will be
provided at no additional cost.
2B. TMA shall not charge any insertion fees for any additional items that are inserted into the
out -going billing envelope. Insertion items must physically qualify for use on our
insertion equipment. If the item is not printed by TMA, TMA will quote receiving and
handling at time of item being received. If the items do not fit or qualify for insertion
with our high-speed equipment, there will be a handling charge, as well as manual
insertion fees to be quoted at time of work.
3B. If changes are made to the Village's software or files that necessitates TMA to modify the
gateway that that accepts the Village files in order to process those files in accordance
with the terms of the agreement, TMA shall not charge the Village for any labor or costs
that TMA may incur due to Village's software and system upgrades unless the Village's
software or system upgrade requires TMA to spend more than % an hour in order
to modify TMA's software or system to process the Village's files, in which case, with the
prior written approval of the Village, TMA shall be entitled to compensation for its labor
in excess of %i an hour_ at a rate not to exceed $150.00 per hour.
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SCHEDULE C - Confidentiali
CONFIDENTL4LITYAGREEMENT
BETWEEN VILLAGE OF OAK BROOK AND
THIRD MILLENNIUM ASSOCIATES, INC.
This agreement made and entered into this day of�yt(J _, 2013, by and between
Third Millennium Associates, Inc. (hereinafter referred to as "TMA") and the Village of Oak
Brook, Illinois, (hereinafter referred to as "Village").
Whereas the Village desires to keep in confidence all information pertaining to the Village
billing files and past due information and whereas TMA desires to keep in confidence all
technical and systems information.
Now, therefore, in consideration of the mutual covenants and agreements of each party to the
other as stated herein, it is mutually agreed among the parties as follows:
1. SYSTEM DESIGN. The Village will make available to TMA for the purpose of
evaluation and system development certain confidential information. This information shall
include but not be limited to name and address files, billing amounts and certain past due
information.
2. CONFIDENTIAL DOCUMENTS. The Village shall give to TMA confidential
information and TMA shall make copies for internal purposes only. All written information
presented to TMA shall be and remain confidential.
3. CONFIDENTIAL ORAL DISCLOSURES. Village shall inform TMA through
its representatives that a particular oral disclosure shall be deemed confidential information.
4. TMA NON -DISCLOSURE. TMA and its designated personnel will hold in
confidence all confidential information disclosed for the purpose of evaluating its interest in
establishing a business relationship with Village. Upon establishing a desire to enter into a
business relationship, all confidential information shall continue to remain confidential. If no
business relationship should exist, all information shall be returned to Village by TMA and TMA
shall purge all files related to the Village.
5. VILLAGE NON -DISCLOSURE. TMA shall make available to the Village in
writing details regarding the design and functionality of TMA'S software and systems. These
shall be held in strict confidence by the Village and shall not in any way be shared with or
disclosed to a third party unless disclosure is required by law.
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In no instance, during or at any time after the conclusion of this agreement, shall TMA offer for
sale or in any other manner disclose to any third party the Village billing files or past due files or
any other such Village files, whether written or in electronic media format.
VILLAGE OF OAK BROOK
/,go // 3
DATIt
THIRD MILLENNIUM ASSOCIATES, INC.
DATE
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SCHEDULE D - Insurance
TMA's Certificates of Insurance and Additional Insured Endorsement shall be presented to the
Village prior to the Village's execution of the Agreement. The Village will not approve and
execute the Agreement until acceptable insurance certificates are received and approved by the
Village.
TMA (the "Insured") shall be required to carry such insurance as specified herein for the duration
of the Agreement. TMA shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage, provided that when the estimated cost of the work in
question does not exceed $5,000, the required limit shall be $500,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for
bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as
required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000
per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village. At
the option of the Village, either the insurer shall reduce or eliminate such deductible or self-
insured retention as respects the Village, its officers, officials, employees and volunteers; or
TMA shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses to the extent of such deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(1) The Village, 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 the Insured; premises owned, occupied or used by the Insured. The coverage shall
contain no special limitations on the scope of protection afforded to the Village, its
officers, officials, employees volunteers or agents.
(2) The Insured's insurance coverage shall be primary insurance as respects the Village,
its officers, officials, employees, volunteers and agents. Any insurance or self-insurance
maintained by the Village, its officers, officials, employees, volunteers or agents shall be
in excess of the Insured's insurance and shall not contribute with it.
(3) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Village, its officers, officials, employees, volunteers or agents.
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(4) The Insured's insurance shall apply separately to each covered party against whom
claim is made or suit is brought except with respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials,
employees, volunteers and agents for losses arising from work performed by the insured for the
Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail has been given to the Village. Each insurance policy shall name
the Village, its officers, officials and employees, volunteers and agents as additional
Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: VII.
The Insured shall furnish the Village with certificates of insurance and with original
endorsements effecting coverage required by this provision. The certificate 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 and endorsements are to be on forms approved by the Village and
shall be subject to approval by the Village Attorney before work commences. The Village
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein.
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