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General Provisions - 2 <br />D. Upon written request by the City, the insurer or its agent will furnish, prior to any use of any Athletic <br />Facility, a copy of any policy cited above, certified to be a true and complete copy of the original. <br />E. Prior to Facility User use of any facilities under this Agreement, Facility User shall provide the City <br />or the City’s designee with a Certificate of Insurance acceptable to the City Attorney evidencing the <br />required insurance, including additional insured endorsements. Receipt by the City or the City’s <br />designee of any certificate showing less coverage than required is not a waiver of Facility User’s <br />obligations to fulfill the requirements of this Section. No statement on a third-party website (such <br />as a Trustlayer) that a requirement is “waived” or “overridden” is a waiver of Facility User’s <br />obligations to fulfill the requirements of this Section. <br />F. Facility User certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington <br />that requires every employer to be insured against liability of Workers’ Compensation, or to <br />undertake self-insurance in accordance with the provisions of that Title. Facility User shall comply <br />with the provisions of Title 51 of the Revised Code of Washington before commencing the <br />performance of the Work. If requested by the City, Facility User shall provide the City with evidence <br />of Workers’ Compensation Insurance (or evidence of qualified self-insurance). <br />7. Risk of Loss. Facility User shall be solely responsible for the safety of its employees, agents and <br />subcontractors in the use of the Athletic Facilities hereunder and shall take all protections reasonably <br />necessary for that purpose. All use shall be done at Facility User’s own risk, and Facility User shall be <br />solely responsible for any loss of or damage to Facility User’s materials, equipment, or other items. <br />8. Independent Contractor. <br />A. This Agreement neither constitutes nor creates an employer-employee relationship. Facility User <br />must provide services under this Agreement as an independent contractor. Facility User must <br />comply with all federal and state laws and regulations applicable to independent contractors <br />including, but not limited to, the requirements listed in this Section. Facility User agrees to indemnify <br />and defend the City from and against any claims, valid or otherwise, made against the City because <br />of these obligations. <br />B. Any and all employees of Facility User, while engaged in the performance of any Work, shall be <br />considered employees of only Facility User and not employees of the City. Facility User shall be solely <br />liable for any and all claims that may or might arise under the Worker's Compensation Act on behalf <br />of such employees or Facility User, while so engaged and for any and all claims made by a third party <br />as a consequence of any negligent act or omission on the part of Facility User's employees, while so <br />engaged on any of the Work. <br />C. Facility User shall comply with all applicable provisions of the Fair Labor Standards Act and other <br />legislation affecting its employees and the rules and regulations issued thereunder insofar as <br />applicable to its employees and shall at all times save the City free, clear and harmless from all <br />actions, claims, demands and expenses arising out of such act, and rules and regulations that are or <br />may be promulgated in connection therewith. <br />D. Facility User assumes full responsibility for the payment of all payroll taxes, use, sales, income, or <br />other form of taxes (such as state and, city business and occupation taxes), fees, licenses, excises or <br />payments required by any city, federal or state legislation which are now or may during the term of <br />the Agreement be enacted as to all persons employed by Facility User and as to all duties, activities <br />and requirements by Facility User in performance of the Work and Facility User shall assume <br />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 />9. Audits and Inspections. At any time during normal business hours and as often as the City may deem <br />necessary, Facility User shall make available to the City for the City’s examination all of Facility User’s <br />records and documents with respect to all matters covered by this Agreement. <br />10. City of Everett Business License. Facility User agrees to obtain a City of Everett business license prior