Agenda Cover Memorandum for 02/ - City of West Palm Beach

equirements of this section. Each insurance policy required by this section shall contain a
waiver of the right of subrogation, as well as the right of set off and any right of deduction, by
the respective underwriter(s) of such policy, and shall be endorsed to provide for severability of
interest, cross liability or cross suit protection, so that each insured is treated separately under the
policy. The waiver of the right of subrogation, setoff and deduction shall also extend to parent
companies, subsidiaries and affiliates of the City and the officials, directors, agent, and
employees of such entities. These provisions shall survive the expiration, termination or
cancellation of this Agreement.
9.4 Workers’ Compensation and Employer’s Liability Insurance. First Onsite and all
subcontractors shall maintain Workers’ Compensation with statutory limits and Employer’s
Liability Insurance with $1,000,000 limits in the state in which the services are to be performed.
a. A Firm or subcontractor that is a legally permitted and qualified
self-insurer in the state in which services are to be performed, may
furnish proof that it is such a self-insurer in lieu of submitting
proof of insurance.
b. First Onsite shall determine if the work to be performed under this
Agreement requires coverage by any Federal Compensation
statutes including, but not limited to, the Longshoremen’s and
Harbor Workers’ Compensation Act or Jones Act and provide such
coverage.
c. The Commercial Umbrella and/or Employer’s Liability insurance
against claims for bodily injury and death, affording minimum
single limit protection of One Million Dollars ($1,000,000)
resulting from one occurrence.
9.5 Commercial General Liability and Commercial Umbrella Liability Insurance.
Commercial General Liability, Business Auto and Commercial Umbrella Liability Insurance.
Commercial general liability insurance, business auto insurance and commercial umbrella
liability insurance affording minimum single limits coverage of not less than Two Million
Dollars ($2,000,000) each occurrence, and Five Million Dollars ($5,000,000) in the aggregate.
Such insurance policies must include, at a minimum, coverage for contractual liability, personal
injury, death, broad form property damage, damage to rented premises, premises/operations,
independent contractors, products and completed operations along with broad form named
insured provision and coverage for owned, hired and non-owned automobiles.
9.6 Professional Liability Insurance. Professional liability insurance (including
technology errors, omissions, and medical malpractice) with a limit of not less than Ten Million
Dollars ($10,000,000) each occurrence and in the aggregate covering First Onsite and all
Personnel. This is to provide coverage for claims arising out of the performance of the Services
under this Agreement and caused by an error, omission or negligent act for which First Onsite or
any subcontractors are held liable. First Onsite and all subcontractors shall maintain this
insurance for a minimum period of five (5) years after the expiration or earlier termination of the
Agreement.
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