WA State Office of Public Defense 6/22/2026

FY270086 CITY OF EVERETT Page 10 of 17 15.23. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties to this Contract, in the performance of it, will be acting in their individual capacities and not as agents, employees, partners, joint ventures, or associates of one another. The employees or agents of one party will not be considered or construed to be employees or agents of the other party for any purpose whatsoever. Moreover, Contractor/Recipient shall not hold themselves out as employees of OPD. As provided in Chapter 236 Laws of 2012 and Washington Public Employees' Retirement System RCW 41.40.010 section 13(c), Contractor/Recipient and any employees of Contractor/Recipient providing services under this Contract are not, as a result of providing services under this Contract, eligible for any public benefits, including membership in any public retirement programs of the State of Washington. 15.24. INSURANCE INDUSTRIAL COVERAGE If required by law, Contractor/Recipient shall provide or purchase industrial insurance coverage prior to performing work under this Contract. OPD will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for Contractor/Recipient or any authorized subcontractor or employee of Contractor/Recipient that might arise under the industrial insurance laws during the performance of duties and services under this Contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this Contract, those payments shall be made by Contractor/Recipient; Contractor/Recipient shall indemnify OPD and guarantee payment of such amounts. 15.25. INSURANCE LIABILITY COVERAGE Unless otherwise specified herein, Contractor/Recipient shall maintain adequate insurance coverage. OPD will not be responsible for payment of insurance premiums. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages, or expenses arising from any negligent or intentional act or omission of Contractor/Recipient or subcontractor or agents of either while performing under the terms of this Contract. Contractor/Recipient shall, prior to commencement of this Contract, obtain, at its sole cost and expense, and at all times during the term of this Contract, maintain insurance coverage. Failure to maintain sufficient coverage shall not relieve the Contractor/Recipient of its duty of indemnification as stated in this Contract. Contractor/Recipient agrees to provide evidence of insurance coverage upon request from OPD. If Contractor/Recipient is a government agency covered by a governmental self-insurance program, it can provide verification of self-insurance to satisfy the evidence of insurance requirement. Contractor/Recipient is advised to assess services delivered pursuant to this Contract and to purchase insurance coverage for risks associated with those services. For example, while not necessarily required under the Contract, services may involve advising clients or associated parties, hosting clients or associated parties on its premises, transporting clients or associated parties in its vehicle, or storing personal information associated with a client or associated parties on its electronic systems, amongst others. Consequently, pursuant to the assessment, Contractor/Recipient may determine to purchase insurance policies like professional liability errors and omissions coverage, general liability coverage, business use automobile coverage, or cyber risk liability coverage, amongst others, for perils associated with those activities. Contractor/Recipient is advised to carry short term disability insurance for any extended unavailability due to illness, injury, or similar. Failure to provide and maintain insurance as required may result in termination of the Contract. By requiring insurance, the State of Washington and OPD do not represent that the coverage and limits specified will be adequate to protect the Contractor/Recipient. Such coverage and limits shall not be construed to relieve the Contractor/Recipient from liability in excess of the required coverage and limits and shall not limit the