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SPECIAL TERMS AND CONDITIONS
<br />INTERAGENCY AGREEMENT
<br />STATE FUNDS
<br />4. INSURANCE
<br />The Contractor shall provide insurance coverage as set out in this section. The intent of the required
<br />insurance is to protect COMMERCE should there be any claims, suits, actions, costs, damages or
<br />expenses arising from any loss, or negligent or intentional act or omission of the Contractor or
<br />Subcontractor, or agents of either, while performing under the terms of this Agreement.
<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 />B. 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 />Department of Commerce
<br />Contract #17-63210-002
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