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SPECIAL TERMS AND CONDITIONS <br /> INTERAGENCY <br /> 2. FEDERAL FUNDS <br /> The insurance required shall be issued by an insurance company authorized to do business within <br /> the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the <br /> insurance shall name the state of Washington, its agents, officers, and employees as additional <br /> insureds under the insurance policy. All policies shall be primary to any other valid and collectable <br /> insurance. The Contractor shall instruct the insurers to give COMMERCE thirty (30)calendar days <br /> advance notice of any insurance cancellation, non-renewal or modification. <br /> The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Agreement start <br /> date, a certificate of insurance which outlines the coverage and limits defined in this insurance <br /> section. During the term of the Agreement, the Contractor shall submit renewal certificates not less <br /> than thirty (30) calendar days prior to expiration of each policy required under this section. <br /> The Contractor shall provide insurance coverage that shall be maintained in full force and effect <br /> during the term of this Agreement, as follows: <br /> Commercial General Liability Insurance Policy. Provide a Commercial General Liability <br /> Insurance Policy, including contractual liability, written on an occurrence basis, in adequate <br /> quantity to protect against legal liability arising out of Agreement activity but no less than <br /> $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any <br /> Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. <br /> Automobile Liability. In the event that performance pursuant to this Agreement involves the use <br /> of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability <br /> insurance shall be required. The minimum limit for automobile liability is $1,000,000 per <br /> occurrence, using a Combined Single Limit for bodily injury and property damage. <br /> Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain <br /> Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum <br /> limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and <br /> licensed staff employed or under contract to the Contractor. The state of Washington, its agents, <br /> officers, and employees need not be named as additional insureds under this policy. <br /> Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf <br /> of the Contractor for the purpose of receiving or depositing funds into program accounts or <br /> issuing financial documents, checks, or other instruments of payment for program costs shall be <br /> insured to provide protection against loss: <br /> A. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the <br /> highest of planned reimbursement for the Agreement period,whichever is lowest. Fidelity <br /> insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. <br /> D. Subcontractors that receive$10,000 or more per year in funding through this Agreement shall <br /> secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors <br /> pursuant to this paragraph shall name the Contractor as beneficiary. <br /> C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or <br /> certifications from the insurance issuing agency. The copies or certifications shall show the <br /> insurance coverage, the designated beneficiary, who is covered, the amounts, the period of <br /> coverage, and that COMMERCE will be provided thirty (30) days advance written notice of <br /> cancellation. <br /> Additional Provisions: <br /> Above insurance policy shall include the following provisions: <br /> 1. Additional Insured. The state of Washington, COMMERCE, its elected and appointed officials, <br /> agents and employees shall be named as an additional insured on all general liability, excess, <br /> umbrella and property insurance policies. All insurance provided in compliance with this <br /> Agreement shall be primary as to any other insurance or self-insurance programs afforded to or <br /> maintained by the State. <br /> 4 10 <br />