NOTICE OF MEETING AND AGENDA - Metro Transit

. All Coverages
Consultant’s insurance coverage shall be primary with respect to Metro, its
commissioners, officers, officials, agents, and employees. All insurance or self-insurance
programs maintained by Metro, its commissioners, officers, officials, agents, and
employees shall be excess of the Consultant’s insurance and shall not contribute with it.
Consultant’s failure to comply with the terms and conditions of these insurance policies
shall not affect or abridge coverage for Metro, its commissioners, officers, officials,
agents or employees.
Each insurance policy required by this Agreement shall contain a stipulation, endorsed if
necessary, that Metro's Director of Risk Management will receive a 30-day advance
notice of any policy cancellation other than cancellation for non-payment of premium.
Ten (10) days advance notice is required for policy cancellation due to non-payment of
premium.
9.5 Insurer Qualifications - Insurance required hereunder shall be issued by an A.M. Best "A"
rated, Class VII insurance company approved to conduct insurance business in the state(s) of
Missouri and/or Illinois.
9.6 Verification of Insurance Coverage - Before commencing work, the Consultant shall
furnish Metro with Certificate(s) of Insurance and with copies of any applicable original
endorsements evidencing the required insurance coverage. The insurance certificates and
endorsements are to be signed by a person authorized to bind coverage on the insurer’s behalf.
All certificates and endorsements received by Metro are subject to review and approval by
Metro's Director of Risk Management. Metro reserves the rights to require complete,
certified copies of all required policies at any time. If the scope of this contract will exceed
one (1) year - or, if any of Consultant's applicable insurance coverage expire prior to
completion of the work required under this Agreement, the Consultant will provide a
renewal or replacement certificate before continuing the services hereunder.
Section 10
INDEMNIFICATION
10.1 General Liability - To the fullest extent permitted by applicable law, Consultant shall
indemnify, defend and hold harmless Metro, its commissioners, officers, officials, agents, and
employees; from and against any and all claims, suits, actions, judgments, fines, penalties, loss,
damage, costs, or expense (including but not limited to attorneys' fees), whether direct or
indirect, due to bodily or personal injury, death, sickness or property damage (including loss of
use thereof) arising out Consultant’s services or resulting from performance the Work. The
Consultant shall also agree to indemnify, defend and hold harmless Metro, its commissioners,
officers, officials, agents, and employees from and against any and all claims, suits, actions,
judgments, fines, penalties, loss, damage, costs, or expense (including but not limited to
attorneys' fees), whether direct or indirect, arising out Consultant’s failure to comply with any
applicable federal, state or local laws, statutes, ordinances, rules or regulations currently in
force, or to be enacted in the future. It is expressly understood and agreed between the parties
that the insurance provided under Section 9 above is primary to this indemnification provision.
Consultants will have a responsibility to indemnify Metro only after 1) it has been determined
that the insurance policy does not provide coverage, or 2) the insurance policy has exhausted its
policy limits.