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WEBQA MASTER SERVICE(S) AGREEMENT
<br /> For GovQA FOIA Applications
<br /> WebQA contractors maintain the confidentiality of proprietary
<br /> materials and information. 10.INDEPENDENT CONTRACTOR
<br /> It is further agreed by and between the parties that because this
<br /> 9.INSURANCE: Agreement shall not constitute nor create an employer-employee
<br /> WEBQA shall comply with the following conditions and procure and relationship, and since WEBQA is an independent WEBQA,WEBQA
<br /> keep in force during the term of this Agreement, at its own cost and shall be responsible for all obligations relating to federal income tax,
<br /> expense,the following policies of insurance with companies authorized self-employment FICA taxes and contributions,and all other so called
<br /> to do business in the State of Washington,which are rated at least"A" employer taxes and contributions, including, but not limited to,
<br /> or better and with a numerical rating of no less than seven(7),by A.M. industrial insurance (Workmen's Compensation), and that WEBQA
<br /> Best Company and which are acceptable to the City. agrees to indemnify, defend and hold the City harmless from any
<br /> I, Workers' Compensation Insurance as claims, valid or otherwise, made to the City, because of these
<br /> required by Washington law and Employer's Liability Insurance with obligations.
<br /> limits not less than $1,000,000 per occurrence. If the City authorizes Any and all employees of WEBQA,while engaged in the performance
<br /> sublet work, WEBQA shall require each subcontractor to provide of any Work, shall be considered employees of WEBQA only and not
<br /> Workers' Compensation Insurance for its employees, unless WEBQA of the City, and any and all claims that may or might arise under the
<br /> covers such employees. Worker's Compensation Act on behalf of said employees or WEBQA,
<br /> 2. Commercial General Liability Insurance while so engaged in any and all claims made by a third party as a
<br /> on an occurrence basis in an amount not less than $1,000,000 per consequence of any negligent act or omission on the part of WEBQA's
<br /> occurrence and at least $2,000,000 in the annual aggregate, including employees, while so engaged on any of the Work, shall be the sole
<br /> but not Iimited to: premises/operations (including off-site operations), obligation and responsibility of WEBQA.
<br /> blanket contractual liability and broad form property damage. WEBQA shall comply with all applicable provisions of the Fair Labor
<br /> 3. Business Automobile Liability Insurance Standards Act and other legislation affecting its employees and the rules
<br /> in an amount not less than$1,000,000 per occurrence,extending to any and regulations issued thereunder insofar as applicable to its employees
<br /> automobile. A statement certifying that no vehicle will be used in and shall at all times save the City free, clear and harmless from all
<br /> accomplishing this Agreement may be substituted for this insurance actions,claims,demands and expenses arising out of said act,and rules
<br /> requirement. and regulations that are or may be promulgated in connection therewith.
<br /> The above liability policies shall contain a provision that the policy WEBQA assumes full responsibility for the payment of all payroll
<br /> shall not be canceled or materially changed without 30 days prior taxes,use,sales,income,or other form of taxes(such as state and,city
<br /> written notice to the City. No cancellation provision in any insurance business and occupation taxes), fees, licenses, excises or payments
<br /> policy shall be construed in derogation of the continuous duty of required by any city,federal or state legislation which are now or may
<br /> WEBQA to famish the required insurance during the term of this during the term of the Agreement be enacted as to all persons employed
<br /> Agreement. by WEBQA and as to all duties, activities and requirement by
<br /> Upon written request by the City, the insurer or his/her agent will WEBQA in performance of the Work and WEBQA shall assume
<br /> furnish, prior to or during any Work being performed, a copy of any exclusive liability therefore, and meet all requirements thereunder
<br /> policy cited above, certified to be a true and complete copy of the pursuant to any rules or regulations that are now or may be promulgated
<br /> original. in connection therewith.
<br /> Prior to WEBQA performing any part of this Agreement,WEBQA shall
<br /> provide the City with a Certificate of Insurance acceptable to the City 11.CHANGES:
<br /> Attorney evidencing the above-required insurance and naming the City No changes or additions shall be made in this Agreement except as
<br /> of Everett,its officers,employees and agents as Additional Insureds on agreed to by both parties and reduce to writing and executed with the
<br /> the Commercial General Liability Insurance policy and the Business same formalities as are required for the execution of this agreement.
<br /> Automobile Liability Insurance policy with respect to the operations
<br /> performed and services provided under this Agreement and that such 12.COMPLIANCE WITH LAWS:
<br /> insurance shall apply as primary insurance on behalf of such Additional WEBQA shall comply with all applicable federal,state,and local laws,
<br /> Insureds. Receipt by the City of any certificate showing less coverage rules,and regulations in performing this Agreement.
<br /> than required is not a waiver of WEBQA's obligations to fulfill the
<br /> requirements.
<br /> WEBQA certifies that it is aware of the provisions of Title 51 of the 13.SEVERABILITY:
<br /> Revised Code of Washington which requires every employer to be Should any clause,phrase,sentence,or paragraph of this Agreement be
<br /> insured against liability of Workers' Compensation, or to undertake declared invalid or void, the remaining provisions of the Agreement
<br /> self-insurance in accordance with the provisions of that Title. WEBQA shall remain in full force and effect
<br /> shall comply with the provisions of Title 51 of the Revised Code of
<br /> Washington before commencing the performance of the Work. 14.AUTHORITY:
<br /> WEBQA shall provide the City with evidence of Workers' Each signatory to the Agreement represents that he or she has full and
<br /> Compensation Insurance (or evidence of qualified self-insurance) sufficient authority to execute this Agreement on behalf of the
<br /> before any Work is commenced. Customer or WEBQA,as the case may be, and that upon execution of
<br /> In case of the breach of any provision of this section,the City may,at this Agreement it shall constitute a binding obligation of the Customer
<br /> its option and with no obligation to do so,provide and maintain at the or WEBQA,as the case may be.
<br /> expense of WEBQA, such types of insurance in the name of WEBQA,
<br /> and with such insurers, as the City may deem proper, and may deduct 15:MISCELLANEOUS PROVISIONS:
<br /> the cost of providing and maintaining such insurance from any sums This Agreement will be governed by and construed in accordance with
<br /> which may be found or become due to WEBQA under this Agreement the laws of the State of Washington.
<br /> or may demand WEBQA to promptly reimburse the City for such cost.
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