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Page 5 <br />Davey Resource Group PSA 2022 <br /> B. The above liability policies shall be primary as to the City and shall contain a provision <br />that the policy shall not be canceled or materially changed without 30 days prior written notice to <br />the City. No cancellation provision in any insurance policy shall be construed in derogation of the <br />continuous duty of the Service Provider to furnish the required insurance during the term of this <br />Agreement. <br /> <br /> C. Upon written request by the City, the insurer or his/her agent will furnish, prior to or during <br />any Work being performed, a copy of any policy cited above, certified to be a true and complete <br />copy of the original. <br /> <br /> D. Prior to the Service Provider performing any Work, Service Provider shall provide the <br />City with a Certificate of Insurance acceptable to the City Attorney evidencing the required <br />insurance. Service Provider shall provide the City with either (1) a true copy of an endorsement <br />naming the City of Everett, its officers, employees and agents as Additional Insureds on the <br />Commercial General Liability Insurance policy and the Business Automobile Liability Insurance <br />policy with respect to the operations performed and services provided under this Agreement and <br />that such insurance shall apply as primary insurance on behalf of such Additional Insureds or (2) <br />a true copy of the blanket additional insured clause from the policies. Receipt by the City of any <br />certificate showing less coverage than required is not a waiver of the Service Provider’s obligations <br />to fulfill the requirements. <br /> <br /> E. If the policy listed in Section 11.A.4. above, Professional Errors and Omissions Insurance, <br />is on a claims made policy form, the retroactive date on the policy shall be the effective date of <br />this Agreement or prior. The retroactive date of any subsequent renewal of such policy shall be <br />the same as the original policy provided. The extended reporting or discovery period on a claims <br />made policy form shall not be less than 36 months following expiration of the policy. (This Section <br />11.E shall not apply if Section 11.A.4. above is stricken.) <br /> <br /> F. Service Provider certifies that it is aware of the provisions of Title 51 of the Revised Code <br />of Washington that requires 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 />Service Provider shall comply with the provisions of Title 51 of the Revised Code of Washington <br />before commencing the performance of the Work. Service Provider shall provide the City with <br />evidence of Workers’ Compensation Insurance (or evidence of qualified self-insurance) before <br />any Work is commenced. <br /> <br /> G. In case of the breach of any provision of this Section 11, the City may, at its option and <br />with no obligation to do so, provide and maintain at the expense of Service Provider, such types <br />of insurance in the name of the Service Provider, and with such insurers, as the City may deem <br />proper, and may deduct the cost of providing and maintaining such insurance from any sums which <br />may be found or become due to Service Provider under this Agreement or may demand Service <br />Provider to promptly reimburse the City for such cost. <br /> <br />12. Independent Contractor. <br /> A. This Agreement neither constitutes nor creates an employer-employee relationship. <br />Service Provider must provide services under this Agreement as an independent contractor.