2021/01/27 Council Agenda Packet

(2) Workers Compensation insurance as required by Washington law, with Statutory Limits, and Employers Liability insurance with a limit of of $3,000,000 per accident for bodily injury or disease. This amount can be obtained via a combination of primary and excess/umbrella liability policies. (3) Commercial Automobile Liability insurance covering "Any Auto" including owned, leased, hired, or borrowed, with limits of $7,000,000 per accident for bodily injury and property damage. These amounts can be obtained via a combination of primary and excess/umbrella liability policies. If the Grantee maintains broader coverage the City shall be entitled to the broader coverage maintained by the Grantee. B. Cancellation. Upon receipt of notice from its insurer(s) Grantee shall use reasonable efforts to provide the City with thirty (30) days written notice of cancellation via first class mail. If the insurance is cancelled, Grantee shall provide a replacement policy. Grantee agrees to maintain continuous uninterrupted insurance coverage, in the minimum amounts required above, for the duration of this Franchise and, in the case of the Commercial General Liability (CGL) insurance, for one (1) year after expiration of this Franchise for which evidence shall be provided. C. Deductibles and Self -Insured Retentions. Any deductible of the policies or self -insured retentions shall not in any way limit Grantee's liability to the City. Self -insured retentions must be declared to and approved by the City. D. Other Insurance Provisions. The insurance policies must contain, or must be endorsed to contain, the following provisions* (1) Excluding Workers' Compensation & Employer's Liability, the City, its officers, officials, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of or resulting from Grantee's use and occupancy of the premises and the activities performed by Grantee under this Franchise, and automobiles owned, leased, hired or borrowed by or on behalf of the Grantee. (2) Grantee's required insurance coverage shall be primary insurance coverage as respects the City, its officers, officials, agents employees, and volunteers. Any insurance or self- insurance maintained by the City shall be excess of the Grantee's insurance and shall not contribute with it. (3) Grantees s insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability. E Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A minus: VII, unless otherwise acceptable to the City. {DPK2242501.DOCX;4/13113.000007/ } Wireline Franchise 14of30