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Brian Borrello Inc. 8/11/2020
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6 Years Then Destroy
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2021
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Brian Borrello Inc. 8/11/2020
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Entry Properties
Last modified
11/19/2021 1:33:05 PM
Creation date
8/19/2020 11:22:02 AM
Metadata
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Contracts
Contractor's Name
Brian Borrello Inc.
Approval Date
8/11/2020
Council Approval Date
7/22/2020
End Date
12/31/2021
Department
Parks
Department Project Manager
Kimberly Shelton
Subject / Project Title
Broadway Art Installation
Tracking Number
0002384
Total Compensation
$110,000.00
Contract Type
Agreement
Contract Subtype
Professional Services
Retention Period
6 Years Then Destroy
Document Relationships
Brian Borrello Inc. 11/2/2021 Amendment 1
(Contract)
Path:
\Records\City Clerk\Contracts\6 Years Then Destroy\2022
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B. The above liability policies shall contain a provision that the policy shall not be <br /> canceled or materially changed without 30 days prior written notice to the City. No cancellation <br /> provision in any insurance policy shall be construed in derogation of the continuous duty of the <br /> Artist to furnish the required insurance during the term of this Agreement. <br /> C. Upon written request by the City, the insurer or his/her agent will furnish, prior to or <br /> during any Work being performed, a copy of any policy cited above, certified to be a true and <br /> complete copy of the original. <br /> D. Prior to the Artist performing any Work, Artist shall provide the City with a Certificate <br /> of Insurance acceptable to the City Attorney evidencing the above-required insurance and an <br /> endorsement naming the City of Everett, its officers, employees and agents as Additional <br /> Insureds on the Commercial General Liability Insurance policy and the Business Automobile <br /> Liability Insurance policy with respect to the operations performed and services provided under <br /> this Agreement and that such insurance shall apply as primary insurance on behalf of such <br /> Additional Insureds. Receipt by the City of any certificate showing less coverage than required <br /> is not a waiver of the Artist's obligations to fulfill the requirements. <br /> E. Artist certifies that it is aware of the provisions of Title 51 of the Revised Code of <br /> Washington that require every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> Artist shall comply with the provisions of Title 51 of the Revised Code of Washington before <br /> commencing the performance of the Work. Artist shall provide the City with evidence of <br /> Workers' Compensation Insurance (or evidence of qualified self-insurance) before any Work is <br /> commenced. <br /> F. In case of the breach of any provision of this section, the City may, at its option and <br /> with no obligation to do so, provide and maintain at the expense of Artist, such types of <br /> insurance in the name of the Artist, and with such insurers, as the City may deem proper, and <br /> may deduct the cost of providing and maintaining such insurance from any sums which may be <br /> found or become due to Artist under this Agreement or may demand Artist to promptly <br /> reimburse the City for such cost. <br /> 13. Independent Contractor. <br /> A. It is further agreed by and between the parties that because this Agreement shall not <br /> constitute nor create an employer-employee relationship, and since the Artist is an independent <br /> contractor, Artist shall be responsible for all obligations relating to federal income tax, self- <br /> employment FICA taxes and contributions, and all other so called employer taxes and <br /> contributions, including, but not limited to, industrial insurance (Workmen's Compensation), and <br /> that the Artist agrees to indemnify, defend and hold the City harmless from any claims, valid or <br /> otherwise, made to the City, because of these obligations. <br /> B. Any and all employees of the Artist, while engaged in the performance of any Work, <br /> shall be considered employees of the Artist only and not of the City, and any and all claims that <br /> may or might arise under the Worker's Compensation Act on behalf of said employees or Artist, <br />
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