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5 . 5 <br /> insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish the <br /> required insurance during the term of this Agreement. <br /> C. Upon written request by the City, the insurer or his/her agent will furnish, prior to or during <br /> any Work being performed, a copy of any policy cited above,certified to be a true and complete copy of <br /> the original. <br /> D. Prior to the Contractor performing any Work, Contractor shall provide the City with .a <br /> Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. Contractor <br /> shall provide the City with either (l) a true copy of an endorsement naming the City of Everett, its <br /> officers, employees and agents as Additional Insureds on the Commercial General Liability Insurance <br /> policy and the Business Automobile Liability Insurance policy with respect to the operations performed <br /> and services provided under this Agreement and that such insurance shall apply as primary insurance on <br /> behalf of such Additional Insureds or (2) a true copy of the blanket additional insured clause from the <br /> policies. Receipt by the City of any certificate showing less coverage than required is not a waiver of <br /> the Contractor's obligations to fulfill the requirements. <br /> E. If the policy listed in paragraph 11.A.4. above,Professional Errors and Omissions Insurance, is <br /> on a claims made policy form, the retroactive date,on the policy shall be the effective date of this <br /> Agreement 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 policy form <br /> shall not be less than 36 months following expiration of the policy. (This paragraph shall not apply if <br /> paragraph 11.A.4. above is stricken.) <br /> F. Contractor 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' Compensation,or to <br /> undertake self-insurance in accordance with the provisions of that Title. Contractor shall comply with <br /> the provisions of Title 51 of the Revised Code of Washington before commencing the performance of the <br /> Work. Contractor shall provide the City with evidence of Workers' Compensation Insurance (or <br /> evidence of qualified self-insurance)before any Work is commenced. <br /> G. 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 Contractor, such types of insurance in the <br /> name of the Contractor, and with such insurers, as the City may deem proper, and may deduct the cost of <br /> providing and maintaining such insurance from any sums which may be found or become due to <br /> Contractor under this Agreement or may demand Contractor to promptly reimburse the City for such <br /> cost. <br /> 12. Independent Contractor. <br /> A. It is further agreed by and between the parties that because this Agreement shall not constitute <br /> nor create an employer-employee relationship, and since the Contractor is an independent contractor, <br /> Contractor shall be responsible for all obligations relating to federal income tax, self-employment FICA <br /> taxes and contributions, and all other so called employer taxes and contributions, including, but not <br /> limited to, industrial insurance (Workmen's Compensation), and that the Contractor agrees to indemnify, <br /> defend and hold the City harmless from any claims, valid or otherwise,made to the City,because of these <br /> obligations. <br /> B. Any and all employees of the Contractor, while engaged in the performance of any Work, shall <br /> be considered employees of only the Contractor and not employees of the City. The Contractor shall be <br /> 1 2 5 <br />