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General Provisions - 4 <br />and the Business Automobile Liability Insurance policy with respect to the operations <br />performed and services provided under this Agreement and that such insurance shall apply <br />as primary insurance on behalf of such Additional Insureds or (2) a true copy of the blanket <br />additional insured clause from the policies. Receipt by the City or the City’s designee of any <br />certificate showing less coverage than required is not a waiver of Service Provider’s <br />obligations to fulfill the requirements. <br />F. If the policy listed above, Professional Errors and Omissions Insurance, is on a claims made <br />policy form, the retroactive date on the policy shall be the effective date of this Agreement <br />or prior. The retroactive date of any subsequent renewal of such policy shall be the same as <br />the original policy provided. The extended reporting or discovery period on a claims made <br />policy form shall not be less than 36 months following expiration of the policy. <br />G. Service Provider certifies that it is aware of the provisions of Title 51 of the Revised Code of <br />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 <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 />H. In case of the breach of any provision of this Section, the City may, at its option and with no <br />obligation to do so, provide and maintain at the expense of Service Provider, such types of <br />insurance in the name of 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 <br />which may be found or become due to Service Provider under this Agreement or may demand <br />Service Provider to promptly reimburse the City for such cost. <br />12. Risk of Loss. Service Provider shall be solely responsible for the safety of its employees, agents <br />and subcontractors in the performance of the work hereunder and shall take all protections <br />reasonably necessary for that purpose. All work shall be done at Service Provider’s own risk, and <br />Service Provider shall be solely responsible for any loss of or damage to Service Provider’s <br />materials, tools, or other articles used or held for use in connection with the work. <br />13. Independent Contractor. <br />A. This Agreement neither constitutes nor creates an employer-employee relationship. Service <br />Provider must provide services under this Agreement as an independent contractor. Service <br />Provider must comply with all federal and state laws and regulations applicable to <br />independent contractors including, but not limited to, the requirements listed in this Section. <br />Service Provider agrees to indemnify and defend the City from and against any claims, valid <br />or otherwise, made against the City because of these obligations. <br />B. In addition to the other requirements of this Section, if Service Provider is a sole proprietor, <br />Service Provider agrees that Service Provider is not an employee or worker of the City under <br />Chapter 51 of the Revised Code of Washington, Industrial Insurance for the service <br />performed in accordance with this Agreement, by certifying to the following: <br />(1) Service Provider is free from control or direction over the performance of the <br />service; and <br />(2) The service performed is outside the usual course of business for the City, or will <br />not be performed at any place of business of the City, or Service Provider is <br />responsible for the costs of the principal place of business from which the service <br />is performed; and <br />(3) Service Provider is customarily engaged in an independently established business <br />of the same nature as the service performed, or has a principal place of business