2011/11/30 Council Agenda Packet

to VI. INSURANCE A. Museum shall comply with the following conditions and procure and keep in force during the term of this Agreement, at Museum'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 and Employer's Liability Insurance with limits not less than$1,000,000 per occurrence.If the City authorizes sublet work,the Museum shall require each subcontractor to provide Workers'Compensation Insurance for its employees,unless the Museum covers such employees. 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 annual aggregate, including but not limited to: premises/operations (including off-site operations), blanket contractual liability and broad form property damage. B. The above liability policies shall contain a provision that the policy shall not be canceled or materially changed 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 Museum to furnish the required insurance during the term of this Agreement. C. Upon written request by the City,the insurer or his/her agent will furnish,prior to or during any Work being performed, a copy of any policy cited above, certified to be a true and complete copy of the original. D. Prior to the Museum performing any Work,Museum shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. Museum 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) a true copy of the blanket additional insured clause from the policies. Receipt by the City of any certificate showing less coverage than required is not a waiver of the Museum's obligations to fulfill the requirements. Imagine Museum Transit Education Program 2012 -2016 3 42