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2015/02/04 Council Agenda Packet
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2015/02/04 Council Agenda Packet
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Council Agenda Packet
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2/4/2015
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S <br /> 8 <br /> XXXV. INSURANCE <br /> A. By the date of execution of any Contract, the Agency shall procure and maintain for <br /> the duration of any Contract, insurance against claims for injuries to persons or <br /> damages to property which may arise from, or in connection with, the performance <br /> of work hereunder by the Agency, its agents, representatives, employees, and/or <br /> subagencies. The costs of such insurance shall be paid by the Agency or <br /> subagencies. The Agency may furnish separate certificates of insurance and policy <br /> endorsements for each subagency as evidence of compliance with the insurance <br /> requirements of this Agreement and any Contract. The Agency is responsible for <br /> ensuring compliance with all of the insurance requirements stated herein. Failure by <br /> the Agency, its agents, employees, officers, and or subagencies to comply with the <br /> insurance requirements stated herein shall constitute a material breach of any <br /> Contract. <br /> For. all coverages, each insurance policy shall be written on an "occurrence" form; <br /> except that insurance on a "claims made" form may be acceptable with prior County <br /> approval. <br /> If coverage is approved and purchased on a "claims made" basis, the Agency <br /> warrants continuation of coverage, either through policy renewals or the purchase of <br /> an extended discovery period, if such extended coverage is available, for not less <br /> than three years from the date any Contract termination, and/or conversion from a <br /> "claims made" form to an "occurrence" coverage form. <br /> By requiring such minimum insurance, the County shall not be deemed or construed <br /> to have assessed the risks that may be applicable to the Agency under any <br /> Contract. The Agency shall assess its own risks and, if it deems appropriate and/or <br /> prudent, maintain greater limits and/or broader coverage. <br /> Nothing contained within these insurance requirements shall be deemed to limit the <br /> scope, application and/or limits of the coverage afforded by said policies, which <br /> coverage will apply to each insured to the full extent provided by the terms and <br /> conditions of the policy(s). Nothing contained within this provision shall affect and/or <br /> alter the application of any other provision contained within this Agreement or any <br /> Contract. <br /> B. Minimum Scope of Insurance <br /> Coverage shall be at least as broad as: <br /> 1. General Liability: Insurance Services Office form number (CG 00 01) 'covering <br /> COMMERCIAL GENERAL LIABILITY. <br /> 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In <br /> the event that services delivered pursuant to any Contract, either directly or <br /> indirectly, involve or require professional services, Professional Liability, Errors, <br /> and Omissions coverage shall be provided. "Professional Services", for the <br /> purpose of this section, shall mean any services provided by a licensed <br /> professional or those services that require professional standards of care. <br /> 3. Automobile Liability: In the event that services delivered pursuant to any <br /> Contract require the use of a vehicle or involve the transportation of clients by <br /> Basic Terms and Conditions Agreement <br /> City of Everett <br /> HSD-2013-101-198 <br /> Page 21 of 31 <br /> 55 <br />
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