2011/08/31 Council Agenda Packet

7 LIABILITY COVERAGE PROVISIONS 27. Each party to this agreement will be responsible for the negligent acts or omissions of its own employees, officers, trainees, agents, or students in the performance of this Agreement. Neither party will be considered the agent of the other and neither party assumes any responsibility to the other patty for the consequences of any act or omission of any person,firm, or corporation not a party to this Agreement, other than students as provided in this section and sections 28 and 29. 28. Agency will defend, indemnify and hold Training Site harmless from any loss, claim or damage arising from the negligent acts and omissions of its employees, officers, agents, and students, including negligence connected with performing its obligations under this Agreement, including the independent negligence of students, and will maintain professional liability coverage with limits of not less than$1,000,000 per occurrence and$3,000,000 annual aggregate (or an equivalent program of self-insurance). 29. Training Site will defend, indemnify and hold Agency harmless from any loss, claim or damage arising from the negligent acts and omissions of its employees, officers, and agents, including the negligent supervision of students. Agency maintains a professional liability coverage program under the authority of RCW 28B.20.250, .253, and .255. Through that authority,Agency provides professional liability coverage for its employees, officers,and agents in the performance of this Agreement. 30. Both parties will provide proof of coverage upon execution of this Agreement. In addition,Agency and Training Site agree to notify each other in the case of material modification or cancellation of coverage,and to provide subsequent proof of coverage thereafter. TERM • 31. This Agreement is effective beginning October 1,2011,and will continue thereafter from .year to year. This agreement will be reviewed no later than three years from its effective date,or earlier at the request of either party. Agency and Training Site will jointly plan student placement in advance of each year's beginning, taking into account the maximum number of students for whom Training Site can provide a desirable educational experience,and the needs of other Agencys requesting placements. .32. This agreement may be canceled by written notice one year prior to termination; however, such termination shall not become effective for the students then enrolled in the educational program if such termination prevents completion of their requirements for completion of the educational program. Confidential Pages 6/24/I1 P:113ndgets&Contracts\A titiation AgreementslAttiliation Agreement Zeit(blank)