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2003/05/07 Council Agenda Packet
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2003/05/07 Council Agenda Packet
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Council Agenda Packet
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5/7/2003
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9 <br /> 3. Business Automobile Liability Insurance in an amount not less than $5,000,000 per <br /> occurrence, extending to any vehicle. <br /> B. The above liability policies shall contain a provision that the policy shall not be canceled <br /> or materially changed without 30 days prior written notice to the City. No cancellation provision in <br /> any insurance policy shall be construed in derogation of the continuous duty of the Quick Coach to <br /> furnish the required insurance during the term of this Agreement. <br /> C. Upon written request by the City, the insurer or his/her agent will furnish, a copy of any <br /> policy cited above, certified to be a true and complete copy of the original. <br /> D. Prior to the Quick Coach performing any Work, Quick Coach shall provide the City with a <br /> Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance and <br /> naming the City of Everett, its officers, employees and agents as Additional Insureds on the <br /> Commercial General Liability Insurance policy and the Business Automobile Liability Insurance <br /> policy with respect to the operations performed and services provided under this Agreement and that <br /> such insurance shall apply as primary insurance on behalf of such Additional Insureds. Receipt by <br /> the City of any certificate showing less coverage than required is not a waiver of the Quick Coach's <br /> obligations to fulfill the requirements. <br /> E. Quick Coach certifies that it is aware of the provisions of Title 51 of the Revised Code of <br /> Washington that requires every employer to be insured against liability of Workers' Compensation, <br /> or to undertake self-insurance in'accordance with the provisions of that Title. Quick Coach shall <br /> comply with the provisions of Title 51 of the Revised Code of Washington before commencing the <br /> performance of the Work. Quick Coach shall provide the City with evidence of Workers' <br /> Compensation Insurance (or evidence of qualified self-insurance) before any Work is commenced. <br /> F. In case of the breach of any provision of this section, the City may, at its option and with <br /> no obligation to do so, provide and maintain at the expense of Quick Coach, such types of insurance <br /> in the name of the Quick Coach, and with such insurers, as the City may deem proper, and may <br /> deduct the cost of providing and maintaining such insurance from any sums which may be found or <br /> become due to Quick Coach under this Agreement or may demand Quick Coach to promptly <br /> reimburse the City for such cost. <br /> 7. Indemnification <br /> The City and Quick Coach each agree to be responsible for any and all claims, damages or other <br /> liability, including costs for defense and attorney's fees, arising out of the acts or omissions of its <br /> own officers, employees, or agents in the performance of its obligations under this License. <br /> Quick Coach warrants that its members and all Quick Coach employees involved in carrying out the <br /> duties under this License are protected against claims based upon their negligence while acting in good <br /> faith within the scope of their authority as agents of Quick Coach <br /> Quick Coach must provide a letter from its Risk Manager, or appropriate Finance Officer <br /> representing and warranting the following minimum information: whether the self-insurance <br /> program is actuarially funded; the fund limits; any excess declaration pages to meet the contract <br /> Page 3 <br /> 35 <br />
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