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VII. INDEPENDENT CONTRACTOR <br />A. This Agreement does not constitute or create an employer -employee relationship. <br />VOA must provide the Services as an independent contractor. VOA must comply with all applicable <br />federal and state laws and regulations applicable to independent contractors. VOA shall be <br />responsible for all obligations relating to federal income tax, self-employment FICA taxes and <br />contributions, and all other so-called employer taxes and contributions, including, but not limited to, <br />industrial insurance (Workers' Compensation). VOA agrees to indemnify, defend and hold City <br />harmless from any claims, valid or otherwise, made against City because of such obligations. <br />B. Any employee of VOA, while engaged in the performance of any work or service <br />required by VOA under this Agreement, is the employee of VOA only and not of City. VOA shall be <br />solely liable for any and all claims that may arise under the Workers' Compensation Act on behalf of <br />VOA employees. VOA shall be solely liable for any and all claims made by a third party as a <br />consequence of any negligent act or omission on the part of VOA's employees while engaged in any <br />of the work or service required to be performed by this Agreement. <br />C. VOA shall comply with all applicable provisions of the Fair Labor Standards Act and <br />other legislation affecting its employees and the rules and regulations issued thereunder insofar as <br />applicable to its employees, and shall at all times save City free, clear and harmless from all actions, <br />claims, demands and expenses arising under such Act, and such rules and regulations that are or <br />may be promulgated in connection therewith. <br />D. VOA assumes full responsibility for the payment of all payroll taxes, use, sales, <br />income, or other form of taxes (such as state and City business and occupation taxes), fees, licenses, <br />excises or payments required by any City, federal or state legislation which are now or may during <br />the term of this Agreement be enacted as to all persons employed by VOA and as to all duties, <br />activities and requirements by VOA in performance of the work under this Agreement and VOA shall <br />assume exclusive liability therefor, and meet all requirements thereunder pursuant to any rules or <br />regulations that are now or may be promulgated in connection therewith. <br />VIII. INSURANCE <br />A. VOA shall comply with the following conditions and procure and keep in force <br />during the term of this Agreement, at VOA's own cost and expense, the following policies of <br />insurance with companies authorized to do business in the State of Washington, which are rated at <br />least "A" or better and with a numerical rating of no less than seven (7) by A. M. Best Company, and <br />which are acceptable to City: <br />1. Workers' Compensation Insurance as required by Washington law and <br />Employer's Liability_Insurance with limits not less than $1,000,000 per occurrence. If City authorizes <br />sublet work, VOA shall require each subcontractor to provide Workers' Compensation Insurance for <br />its employees, unless the VOA covers such employees. <br />2. Commercial General Liability Insurance on an occurrence basis in an amount <br />not less than $1,000,000 per occurrence and at least $3,000,000 in the annual aggregate, including <br />10 <br />