Washington Department of Natural Resources (DNR) 5/30/2023

DocuSign Envelope ID: 3D1D531E-4856-46C2-B965-A317359CCCB2 15.0 Responsibilities of the Parties/Indemnification. DNR shall indemnify and hold harmless the Everett Fire Depai anent from all claims, costs, damages or expenses arising out of the negligent acts or omissions of DNR. Likewise, the Everett Fire Department shall indemnify DNR from all claims, costs, damages or expenses arising out of the negligent acts or omissions of the Everett Fire Department. In the case of negligence of both the Everett Fire Department and DNR, any damages shall be levied in proportion to the percentage of negligence attributable to each party. For this purpose, each party by mutual negotiation, hereby waives any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. 16.0 Insurance. Before using any of said rights granted herein and its own expense, Everett Fire Department shall purchase and maintain, the insurance described below for the entire duration of this Agreement. Failure to purchase and maintain the required insurance may result in the termination of the Agreement at DNR's option. All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self-insurance programs afforded to, or maintained by, the State of Washington, Department of Natural Resources. Everett Fire Department shall provide DNR with certificates of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Agreement before using any of said rights granted herein. The description section of the certificate shall contain the Contract Number and the name of the DNR Project Manager. Everett Fire Department shall also provide renewal certificates as appropriate during the term of this Agreement. Everett Fire Department shall include all subcontractors and agents as insured under all required insurance policies or shall provide separate certificates of insurance for each subcontractor or agent. Failure of Everett Fire Department to have its subcontractors and agents comply with the insurance requirements contained herein does not limit Everett Fire Department's liability or responsibility. INSURANCE TYPES & LIMITS: The limits of insurance, which may be increased by State, as deemed necessary, shall not be less than as follows: Commercial General Liability (CGL) Insurance: Everett Fire Depaitnent shall purchase and maintain commercial general liability insurance with a limit of not less than $2,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the general aggregate limits shall be at least twice the "each occurrence" limit, and the products -completed operations aggregate limit shall be at least twice the "each occurrence" limit. All insurance must cover liability arising out of premises, operations, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another party assumed in a business contract) and contain separation of insured (cross -liability) condition. Employer's liability ("Stop Gap") Insurance: Everett Fire Department shall purchase and maintain employer's liability insurance and if necessary, commercial umbrella liability insurance Agreement No. 93-104189 Page 4 of 11 Form update date: 22.06.15