Do you agree to obtain an insurance policy that names Bellingham SeaFeast, City of Bellingham, Port of Bellingham and Whatcom County as an additional insured? And to the following waiver?
Indemnity and Waiver
Your application requires a signature for the following agreement.
The APPLICANT must indemnify and hold BELLINGHAM SEAFEAST, CITY OF BELLINGHAM, PORT OF BELLINGHAM, WHATCOM COUNTY and their agents, employees and/or officers, harmless from, and must process and defend at its own expense, any and all claims, demands, suits, at law or equity, actions, penalties, loss, damages, or costs, of whatsoever kind or nature, brought against the BELLINGHAM SEAFEAST, CITY OF BELLINGHAM, PORT OF BELLINGHAM, and WHATCOM COUNTY arising out of, or in connection with, or incident to, the execution of this Agreement, and/or APPLICANT’S performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by, or result from, the concurrent negligence of the BELLINGHAM SEAFEAST, CITY OF BELLINGHAM, PORT OF BELLINGHAM or WHATCOM COUNTRY, their agents, employees, and/or officers, these indemnity provisions must be valid and enforceable only to the extent of the negligence of the APPLICANT; and provided further, that nothing herein must require the APPLICANT to hold harmless or defend the BELLINGHAM SEAFEAST, CITY OF BELLINGHAM, PORT OF BELLINGHAM or WHATCOM COUNTY, their agents, employees, and/or officers for damages or loss caused by the BELLINGHAM SEAFEAST, CITY OF BELLINGHAM, PORT OF BELLINGHAM, or WHATCOM COUNTY sole negligence.
The APPLICANT expressly agrees that the indemnification provided herein constitutes the contractor’s waiver of immunity under Title 51 R.C.W., for the purposes of this Agreement. This waiver has been mutually negotiated by the parties. The provisions of this section must survive the expiration or termination of this Agreement
Certificate of Insurance
VENDOR must procure and maintain for the duration of Bellingham SeaFeast 2019 (including setup and breakdown) insurance against claims for injuries to persons or damage to property that arise from or in connection with the performance of the work hereunder by the VENDOR, their agents, representatives, employees, or subcontractors. VENDOR’S maintenance of insurance as required by the agreement will not limit the liability of the VENDOR to the coverage provided by such insurance, or otherwise limit the BELLINGHAM SEAFEAST, CITY OF BELLINGHAM, PORT OF BELLINGHAM, or WHATCOM COUNTY’s recourse to any remedy available at law or in equity. Insurance must be placed with insurers that have a current A.M. Best rating of not less than A:VII. Any payment of deductible or self-insured retention is the sole responsibility of the VENDOR.
The VENDOR must provide a Certificate of Insurance and additional insured endorsement page(s) evidencing Commercial General Liability insurance written on an ISO occurrence basis form CG 00 01.
Vendor must cover liability arising from premises, operations, property damage, independent contractors and personal injury and advertising injury, with limits no less than $1 million combined single limit per occurrence and $2 million aggregate.
The BELLINGHAM SEAFEAST, CITY OF BELLINGHAM, PORT OF BELLINGHAM and WHATCOM COUNTY, and their officers, volunteers and agents must be named as an additional insured on the insurance policy, as respects actions performed by or on behalf of the VENDOR.
A copy of the endorsement naming the BELLINGHAM SEAFEAST, CITY OF BELLINGHAM, PORT OF BELLINGHAM and WHATCOM COUNTY as additional insured must be attached to the original Certificate of Insurance and provided to the Bellingham SeaFeast no later than August 1, 2019. The Bellingham SeaFeast 2019 Management reserves the right to request certified copies of any required insurance policies.
The VENDOR’S insurance must contain a clause stating that coverage must apply separately to each insured against whom claim is made or suit is brought, within the limits of the insurer’s liability. The VENDOR’S insurance must be primary insurance with respect to the BELLINGHAM SEAFEAST, CITY OF BELLINGHAM, PORT OF BELLINGHAM and WHATCOM COUNTY; all must receive thirty (30) days prior written notice of any cancellation, suspension or material change in coverage.