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MLE 325-500 – Everett PD Page 10 of 16
<br />continues undismissed, or an order, judgment, or decree approving or ordering any of the
<br />foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days,
<br />or an order for relief against Subrecipient is entered in an involuntary case under the Federal
<br />Bankruptcy Code (as now or hereafter in effect).
<br />SECTION 16: Indemnification
<br />To the fullest extent permitted by law, Subrecipient shall indemnify, defend, and hold harmless State, agencies
<br />of State and all officials, agents and employees of State, from and against all claims for injuries or death arising
<br />out of or resulting from the performance of the contract. “Claim,” as used in this contract, means any financial
<br />loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily
<br />injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting
<br />therefrom.
<br />Subrecipient’s obligation to indemnify, defend, and hold harmless the State shall not be eliminated by any
<br />actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. However,
<br />Subrecipient is not obligated to indemnify, defend, and hold harmless state for claims or injuries to the extent
<br />attributable to the negligence of state or its agents, agencies, employees, or officials.
<br />Subrecipient expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or
<br />incident to Subrecipient’s or any subcontractor’s performance or failure to perform the contract.
<br />Subrecipient waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold
<br />harmless State and its agencies, officials, agents or employees.
<br />SECTION 17: Insurance Requirements
<br />The Subrecipient shall provide insurance coverage as set out in this section. The intent of the required
<br />insurance is to protect the state should there be any claims, suits, actions, costs, damages, or expenses
<br />arising from any negligent or intentional act or omission of the Subrecipient or subcontractor, or agents of
<br />either, while performing under the terms of this contract.
<br />The Subrecipient shall provide insurance coverage, which shall be maintained in full force and effect during the
<br />term of this contract, as follows:
<br />1. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy,
<br />including contractual liability, in adequate quantity to protect against legal liability arising out of contract
<br />activity but no less than $1,000,000 per occurrence. Additionally, the Subrecipient is responsible for
<br />ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of
<br />subcontracts.
<br />2. Automobile Liability. In the event that services delivered pursuant to this contract involve the use of
<br />vehicles, either owned or unowned by the Subrecipient, automobile liability insurance shall be required.
<br />The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for
<br />bodily injury and property damage.
<br />The insurance required shall be issued by an insurance company/ies authorized to do business within the state
<br />of Washington, and shall name the state of Washington, its agents and employees as additional insureds
<br />under the insurance policy/ies. All policies shall be primary to any other valid and collectable insurance.
<br />Subrecipient shall instruct the insurers to give State Parks thirty (30) calendar days advance notice of any
<br />insurance cancellation.
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<br />17.1 Industrial Insurance Coverage. The Subrecipient shall comply with the provisions of Title 51 RCW,
<br />Industrial Insurance. If the Subrecipient fails to provide industrial insurance coverage or fails to pay
<br />premiums or penalties on behalf of its employees, as may be required by law, State Parks may collect
<br />from the Subrecipient the full amount payable to the Industrial Insurance accident fund. State Parks may
<br />deduct the amount owed by the Subrecipient to the accident fund from the amount payable to the
<br />Subrecipient by State Parks under this contract, and transmit the deducted amount to the Department of
<br />Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s
<br />rights to collect from the Subrecipient.
<br />SECTION 18: Disputes
<br />Except as otherwise provided in this contract, when a dispute arises between the parties and it cannot be
<br />resolved by direct negotiation, either party may request a dispute hearing with an Agent as follows:
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