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D. Prior to the Service Provider performing any Work, Service Provider shall <br />provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the <br />required insurance. Service Provider shall provide the City with either (1) a true copy of 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 or (2) a true copy of the blanket additional insured clause from the policies. <br />Receipt by the City of any certificate showing Tess coverage than required is not a waiver of the <br />Service Provider's obligations to fulfill the requirements. <br />E. Service Provider certifies that it is aware of the provisions of Title 51 of the <br />Revised Code of Washington that requires every employer to be insured against liability of <br />Workers' Compensation, or to undertake self-insurance in accordance with the provisions of that <br />Title. Service Provider shall comply with the provisions of Title 51 of the Revised Code of <br />Washington before commencing the performance of the Work. Service Provider shall provide <br />the City with evidence of Workers' Compensation Insurance (or evidence of qualified self- <br />insurance) before any Work is commenced. <br />F. In case of the breach of any provision of this Section 11, the City may, at <br />its option and with no obligation to do so, provide and maintain at the expense of Service <br />Provider, such types of insurance in the name of the Service Provider, and with such insurers, as <br />the City may deem proper, and may deduct the cost of providing and maintaining such insurance <br />from any sums which may be found or become due to Service Provider under this Agreement or <br />may demand Service Provider to promptly reimburse the City for such cost. <br />9. Risk of Loss. Service Provider shall be solely responsible for the safety of its <br />employees, agents, and subcontractors in the performance of the work hereunder and shall take <br />all protections reasonably necessary for that purpose. All work shall be done at Service Provider's <br />own risk, and Service Provider shall be solely responsible for any loss of or damage to Service <br />Provider's materials, tools, or other articles used or held for use in connection with the work. <br />10. Independent Contractor. <br />A. This Agreement neither constitutes nor creates an employer -employee <br />relationship. Service Provider must provide services under this Agreement as an independent <br />contractor. Service Provider must comply with all federal and state laws and regulations <br />applicable to independent contractors including, but not limited to, the requirements listed in <br />this Section. Service Provider agrees to indemnify and defend the City from and against any <br />claims, valid or otherwise, made against the City because of these obligations. <br />B. Any and all employees of the Service Provider, while engaged in the <br />performance of any Work, shall be considered employees of only the Service Provider and not <br />employees of the City The Service Provider shall be solely liable for any and all claims that may <br />or might arise under the Worker's Compensation Act on behalf of such employees or Service <br />Provider, while so engaged and for any and all claims made by a third party as a consequence of <br />6 <br />