2025/03/12 Council Agenda Packet

Forestry Agreement No. 2025-03 12. INSURANCE. Licensee shall, throughout the Term, require all Permittees who are contractors or subcontractors of Licensee to maintain no less than the same insurance policies, coverages, and limits as the Licensee customarily requires when such contractors or subcontractors operate on Licensee’s own property, which are agreed for the purpose of this License to be as set forth under the heading “Insurance Requirements” below. Licensee shall require each such Permittee to include the City as an additional insured on liability and auto policies. At the City’s request, Licensee shall cause each Permittee to deliver to the City, prior to the commencement of Permittee’s use of the Licensed Property and from time to time thereafter, certificates and endorsements evidencing the existence and amounts of such policy and copies of such insurance policy. Receipt by the City or the City’s designee of any certificate or other insurance document showing less coverage than required is not a waiver of the obligations to fulfill the requirements of this Section. Insurance Requirements Licensee shall, at its cost and expense, buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in a breach and/or termination of the License at City’s option. City may suspend Licensee operations until required insurance has been secured. All insurance and surety bonds should be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best’s Reports. Any exception shall be reviewed and approved by the City’s Risk Manager before the insurance coverage is accept ed. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW. The City shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications: 1. Insurers subject to Chapter 48.18 RCW (admitted and regulated by the Insurance Commissioner): The insurer shall give the City 45 days advance notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the City shall be given 10 days advance notice of cancellation. 2. Insurers subject to Chapter 48.15 RCW (surplus lines): The City shall be given 20 days advance notice of cancellation. If cancellation is due to non - payment of premium, the City shall be given 10 days advance notice of cancellation. Prior to the performing any part of this License, Licensee shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. In addition, Licensee shall provide the City with either (1) a true copy of an endorsement naming the City of Everett, its officers, employees and agents as Additional Insureds on all general liability, excess, umbrella, and property insurance policies with respect to the operations performed and services provided under this License and that such insurance shall apply as primary, non-contributing insurance on behalf of such Additional Insureds or (2) a true copy of the blanket additional insured clause providing such coverage from the policies. Receipt by the City of any certificate s howing less