2008/12/22 Council Agenda Packet

A r> 10. Indemnification. For this project only, neither party shall require indemnification of the other. 11. Insurance. A. Service Provider shall comply with the following conditions and procure and keep in force during the term of this Agreement, at Service Provider's own cost and expense, the following policies of insurance with companies authorized to do business in the State of Washington, which are rated at least "A" or better and with a numerical rating of no less than seven(7), by A.M. Best Company and which are acceptable to the City. 1. Workers' Compensation Insurance as required by Washington law. 2. Commercial General Liability Insurance on an occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000 in the general aggregate, including: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. For purposes of said insurance coverage, Service Provider specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51, as respect to Service Provider's employees. 3. Business Automobile Liability Insurance in an amount not less than $1,000,000 per occurrence, extending to any automobile. A statement certifying that no vehicle will be used in accomplishing this Agreement may be substituted for this insurance requirement. 4. Professional Errors and Omissions. Insurance in an amount not less than $1,000,000 per claim and $1,000,000 in the annual aggregate. Such coverage may be written on a claims made basis. If both parties agree that the Work does not warrant Service Provider providing Professional Errors and Omissions Insurance, this paragraph may be stricken and initialed by both parties. B. The above liability policies shall contain a provision that the policy shall not be canceled without 30 days prior written notice to the City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Service Provider to furnish the required insurance during the term of this Agreement. C. In the event of any claim or litigation, the City shall have the right to review pertinent portions of Service Provider's relevant insurance policies which are required herein. D. Prior to the Service Provider performing any Work, Service Provider shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. Service Provider 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 the Commercial General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to the operations performed and services provided under this Agreement and that such insurance shall apply as primary insurance on behalf of such Additional Insureds or (2) t ,., fir::