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• <br /> • <br /> •• <br /> g <br /> 36.5 Workers'.Compensation Insurance: •. • <br /> • <br /> Contractor shall comply with all State of Washington workers'compensation statutes and <br /> regulations. Workers'compensation coverage shall be provided for all employees of Contractor <br /> and employees of any subcontractor or sub=subcontractor. Coverage shall include bodily injury . . <br /> (including death) by accident or disease,which arises out of or in connection with the performance <br /> of this contract. Except as prohibited by law,.Contractor waives all rights of subrogation against the <br /> WDFW for recovery of damages to the extent they are covered by workers'compensation, <br /> employer's liability, commercial general liability or commercial umbrella liability insurance. <br /> Contractor shall indemnify WDFW for all claims arising out of Contractor's, its subcontractor's,or <br /> sub-subcontractor's failure to comply with any State of Washington worker's compensation laws • <br /> where WDFW incurs fines oris required by law:to provide benefits to or obtain coverage for such <br /> employees. Indemnity shall include:all. lines, payment of benefits to Contractor or subcontractor • <br /> employees,or their heirs Or legal representatives,and the cost of effecting coverage on behalf of <br /> such employees. Any amount owed to WDFW by Contractor pursuant to the indemnity may be - <br /> deducted from any payments owed by WDFW to Contractor for performance of this Contract. <br /> 36.6 Professional Liability Insurance: <br /> Professional liability insurance is requiredif services delivered pursuant to this agreement,either <br /> directly or indirectly, involve or require providing professional services. Such coverage shall cover <br /> injury orloss resulting from Contractors' rendering or failing torender professional services. <br /> Contractor shall maintain minimum limits no less than$1,000,000 per incident,loss, or person, as <br /> • applicable: If defense costs are paid within the limit of liability, Contractor shall maintain limits of• <br /> $2,000,000 per incident,loss, or person, as applicable. If the policy contains a general aggregate <br /> :or policy limit, it-shall be at least two times the incident, loss or person limit. <br /> • IF FEDERAL FUNDING IS BEING PROVIDED UNDER THIS AGREEMENT, <br /> = THE-FOLLOWING FEDERAL TERMS AND CONDITIONS APPLY: <br /> 37; ORGANtZATION=WIDE,PROGRAM SP1CIFIC,.AND PROJECT AUDITS::In the <br /> event the Subcontractor/Grantee.(Contractor)receives a combined total of$500,000 or more of <br /> federal dollars from any combination.of Federal sources, and the.Contractor is an organization <br /> subject to the uniform administrative requirements of OMB Circulars A=110 or A-102 and arranges <br /> for audits that comply with OMB Circular A-133 or equivalent guidelines,the Contractor shall. <br /> provide one of the following:.its most recently completed audit report,its data collection form and <br /> reporting package,ora certification statement that there are no findings or questioned costs.Within <br /> the last two fiscal years related to WDFW pass through Federal sources,within 30 days following <br /> execution of this SubcontractlGranL Transmittal of this OMB Circular A-133 audit related <br /> information should be addressedito this agency,.Contracts Office. <br /> Other Contractors, such as Commercial or for profit entities, may be required to provided WDFW <br /> with their most recentaudit report or statement on compliance and on internal control prepared by <br /> • an independent accountant or firm in order for WDFW to meet its requirements to comply with <br /> OMB Circular A-133. This audit related.information will be due 30 days following execution of the <br /> Subcontract/Grant.: In other certain cases,the Contractor may be required to arrange for a limited <br /> Revised 10/25106 Page 10 of 15 <br /> 123 <br />