PGC Interbay LLC 8/10/2021 - Laserfiche WebLink

3. INSPECTION: The City or its agents may inspect and/or repair the Facility at all reasonable times,but this right will impose no obligation upon the City to make inspections or repairs except as provided for elsewhere herein. 4. SERVICES PROVIDED BY CONTRACTOR: Subject to the terms of this Agreement, Contractor as an independent contractor, shall have the sole and exclusive right to manage the Facility, subject to the consultation rights of City provided for in the Agreement. Contractor shall manage, operate and maintain the Facility on behalf of the City in a generally accepted business-like manner consistent with both parties' objective of operating a high-quality golf facility that is available to the golfing public and as set forth in the attached scope of work, which is hereby incorporated into this Agreement ("Scope of Work"). These services shall include the management, operation, and custodial maintenance of the Facility. Contractor agrees to operate the golf course facility in accordance with the City's Internal Control Manual,which is on file with the City's Clerk Office and Parks and Facilities Department. The City retains the right, subject to Contractor's review, to modify the Internal Control Manual as necessary to adjust for changes in administrative policy or operating conditions. 5. INSURANCE: Contractor shall, via its obligation to maintain insurance coverage as set forth herein, fully protect the City from any and all claims and risks in connection with its activity upon or use or occupation of the Facility,as well as any and all claims and risks in connection with any activity performed by Contractor by virtue of the rights granted pursuant to this Agreement. No cancellation provision of any insurance policy shall be construed in derogation of the continuous duty of Contractor furnish the required insurance during the term of this Agreement. In case of the breach of any provision of this Section, the City may, at its option, provide and maintain at the expense of Contractor such types of insurance in the name of Contractor as the City may deem proper, and may deduct the cost of providing and maintaining such insurance from any sums which may be found or become due to Contractor under this Agreement, or may demand Contractor to promptly reimburse the City for such cost. Notwithstanding any provision in this Agreement, the failure of Contractor to comply with the above provisions of this Section shall,at the City's option, subject this Agreement to immediate termination without notice to any party in order to protect the public interest. Contractor shall comply with the following conditions and procure and keep in force during the term of this Agreement, as a reimbursable Direct Cost, 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 7, by A.M. Best Company and which are acceptable to the City. Upon written request by the City, the insurer or his/her agent will furnish, prior to or during any work being performed under this Agreement, a copy of any policy cited below, certified to be a true and complete copy of the original. Each of the policies below shall contain a provision that the policy shall not be canceled or materially changed without 30 days prior written notice to the City of Everett.To the extent that any of the required insurance is provided on a claims-made basis, Contractor shall purchase a "tail" to insure that such coverage will survive the termination of this Agreement for at least three (3)years following the date of termination. A. Workers' Compensation Insurance the State of Washington,with Statutory Limits, and Employer's Liability Insurance with limits of no less than $1,000,000 per 2