2004/06/02 Council Agenda Packet

8 • economically unavailable (i.e. premiums quoted exceed ten per cent (10%) of the limits of liability), prior to expiration of existing coverage the Contractor shall execute a form of guarantee acceptable to the County to assure financial responsibility for liability of services performed. E. The Contractor shall also obtain and maintain continuously for the term of this Agreement, at it's own expense, automobile liability insurance in the amount of at least $1,000,000 combined single limit. F. The Contractor shall provide the County a duplicate of the insurance policy with all endorsements as evidence of coverage. Approval of insurance is a condition precedent to full execution of this Agreement. The Contractor shall include this requirement in all approved cost reimbursement subcontracts. INDUSTRIAL INSURANCE The Contractor shall provide or purchase industrial insurance coverage prior to performing work under this Agreement. The County will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for the contractor, or any subcontractor or employee of the Contractor or subcontractor, which might arise under the industrial insurance laws during performance of this Agreement. BONDING The Contractor shall provide and maintain any bond obligations specified in this Agreement during the full term of the contract. INDEMNIFICATION The Contractor shall assume the risk, liability, and pay all damage, loss, cost and expense of any party, including its employees, arising out of the performance of this Agreement, except that caused by negligence and/or willful misconduct solely of Snohomish County and its employees acting within the scope of their employment. The Contractor shall hold harmless from, indemnify and defend Snohomish County, its officers, elected officials, agents, employees, and any state, federal, or other funding agency against all claims, suits, and actions for damages, loss, costs, attorney fees, litigation costs, judgments, or decrees by reason of damage to any property or business and/or any death, injury or disability to any person, including any employee of the Contractor or its subcontractors, arising out of or suffered, directly or indirectly, in connection with the performance of this Agreement or any act, error or omission of the Contractor, Contractor's employees, agents, or subcontractors, whether by negligence or otherwise. DISPUTES A. Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement, which is not disposed of by consensus, shall be decided by the April 14,2004 Basic Terms& Conditions HSD-2004-05-198 City of Everett Page 15 57