2014/08/20 Council Agenda Packet

I, 3 B. Any employee of Theatre,while engaged in the performance of any work or service required by Theatre under this Agreement,is the employee of Theatre only and not of City, and any claim that may arise under the Workers' Compensation Act and any claim made by a third party as a consequence of any negligent act or omission on the part of Theatre's employees while engaged in any of the work or service required to be performed by this Agreement, shall be the sole obligation and responsibility of Theatre. C. Theatre shall comply with all applicable provisions of the Fair Labor Standards Act and other legislation affecting its employees and the rules and regulations issued thereunder insofar as applicable to its employees, and shall at all times save City free, clear and harmless from all actions, claims, demands and expenses arising under said Act, and such rules and regulations that are or may be promulgated in connection therewith. D. Theatre assumes full responsibility for the payment of all payroll taxes,use, sales, income, or other form of taxes (such as state and City business and occupation taxes), fees, licenses, excises or payments required by any City, federal or state legislation which are now or may during the temi of this Agreement be enacted as to all persons employed by Theatre and as to all duties, activities and requirements by Theatre in performance of the work under this Agreement and Theatre shall assume exclusive liability therefor, and meet all requirements thereunder pursuant to any rules or regulations that are now or may be promulgated in connection therewith. VII. INSURANCE A. Theatre shall comply with the following conditions and procure and keep in force during the teen of this Agreement, at Theatre's own cost and expense,the following policies of insurance with companies authorized to do business in the State of Washington, which are rated at least"A" or better and with a numerical rating of no less than seven(7) by A. M. Best Company, and which are acceptable to City: 1. Workers' Compensation Insurance as required by Washington law and Employer's Liability Insurance with limits not less than$1,000,000 per occurrence. If City authorizes sublet work, Theatre shall require each subcontractor to provide Workers' Compensation Insurance for its employees,unless the Theatre covers such employees. 2. Commercial General Liability Insurance on an occurrence basis in an amount not less than$1,000,000 per occurrence and at least$2,000,000 in the annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability, broad form property damage, copyright infringement and defamation. 3. Business Automobile Liability Insurance in an amount not less than $1,000,000 per occurrence, extending to any automobile. A statement certifying that no vehicle will be used in accomplishing this Agreement may be substituted for this insurance requirement. 4. Property damage insurance covering the Center and Center personal property of not less than$1,000,000 in the aggregate. EVERETT/VILLAGE THEATRE AGREEMENT Page 6 of 10 9