Volunteers of America of Western Washington 8/10/2021

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