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2005/09/21 Council Agenda Packet
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2005/09/21 Council Agenda Packet
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Council Agenda Packet
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9/21/2005
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7 <br /> 4. Professional Errors and Omissions Insurance in an amount not less than <br /> $1,000,000 per occurrence and $1,000,000 in the annual aggregate. Such coverage may <br /> be written on a claims made basis. If both parties agree that the Work does not warrant <br /> Service Provider providing Professional Errors and Omissions Insurance, this paragraph <br /> may be stricken and initialed by both parties. <br /> B. The above liability policies shall contain a provision that the policy shall not be <br /> canceled or materially changed without 30 days prior written notice to the City. No cancellation <br /> provision in any insurance policy shall be construed in derogation of the continuous duty of the <br /> Service Provider to furnish the required insurance during the term of this Agreement. <br /> C. In the event of a claim or coverage dispute, upon written request by the City, the insurer <br /> or his/her agent will furnish a copy of the appropriate policy cited above. <br /> D. Prior to the Service Provider performing any Work, Service Provider shall provide the <br /> City with a Certificate of Insurance acceptable to the. City Attorney evidencing the required <br /> insurance. Service Provider shall provide the City with either (1) a true copy of an endorsement <br /> naming the City of Everett, its officers, and employees as Additional Insureds on the Commercial <br /> General Liability Insurance policy and the Business Automobile Liability Insurance policy with <br /> respect to the operations performed and services provided under this Agreement and that such <br /> insurance shall apply as primary insurance on behalf of such Additional Insureds or (2) a true <br /> copy of the blanket additional insured clause from the policies. Receipt by the City of any <br /> certificate showing less coverage than required is not a waiver of the Service Provider's <br /> obligations to fulfill the requirements. <br /> E. If the policy listed in paragraph 11.A.4. above, Professional Errors and Omissions <br /> Insurance, is on a claims made policy form, the retroactive date on the policy shall be the <br /> effective date of this Agreement or prior. The retroactive date of any subsequent renewal of such <br /> policy shall be the same as the original policy provided. The extended reporting or discovery <br /> period on a claims made policy form shall not be less than 36 months following expiration of the <br /> policy. (This paragraph shall not apply if paragraph 11.A.4. above is stricken.) <br /> F. Service Provider certifies that it is aware of the provisions of Title 51 of the Revised <br /> Code of Washington that requires every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> Service Provider shall comply with the provisions of Title 51 of the Revised Code of Washington <br /> before commencing the performance of the Work. Service Provider shall provide the City with <br /> evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before <br /> any Work is commenced. <br /> G. In case of the breach of any provision of this section, the City may, at its option arid <br /> with no obligation to do so, provide and maintain at the expense of Service Provider, such types <br /> of insurance in the name of the Service Provider, and with such insurers, as the City may deem <br /> proper, and may deduct the cost of providing and maintaining such insurance from any sums <br />
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