Greater Everett Community Foundation 3/4/2015

annual aggregate, including but not limited to: premises/operations (including off site operations), blanket contractual liability and broad form property damage; and b. Business Automobile Liability Insurance in an amount not less than $1,000,000 per occurrence, extending to any automobile. A statement certifying that no vehicle will be used in accomplishing this Agreement may be substituted for this insurance requirement or that their personal insurance will be provide coverage under this Agreement. 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 Foundation to furnish the required insurance during the term of this Agreement. Upon written request by the City, the insurer or his or her agent will furnish, prior to or during any work being performed under this Agreement, a copy of any policy cited above, certified to be a true and complete copy of the original. Prior to GECF performing any work pursuant to this Agreement, GECF shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance and naming the City of Everett, its officers, employees, and agents as Additional Insureds on the Commercial General 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. Receipt by the City of any certificate showing less coverage than required is not a waiver of GECF's obligations to fulfill the requirements. In case of the breach of any provision of this section, the City may, at its option and with no obligation to do so, provide and maintain at the expense of GECF, such types of insurance in the name of GECF as the City may deem proper, and may deduct the cost of providing and maintaining such insurance from any sums which may be found or become due to GECF under this Agreement or may demand GECF to promptly reimburse the City for such cost. 14.Independent Foundation. It is further agreed by and between the parties that because this Agreement shall not constitute nor create an employer-employee relationship, and since GECF is an independent foundation, GECF, shall be responsible for all obligations relating to federal income tax, self-employment: FICA taxes and contributions, and all other so-called employer taxes and contributions, including, but not limited to, industrial insurance (Worker's Compensation), and that GECF agrees to indemnify, defend, and hold the City of Everett harmless from any claims, valid or otherwise, made to the City because of these obligations. GECF/Library Agreement 2015 Page 4 of 7