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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 /> solely liable for any and all claims that may or might arise under the Worker's Compensation Act on <br /> behalf of said employees or Contractor. while so engaged and for any and all claims made by a third <br /> party as a consequence of any negligent act or omission on the part of the Contractor's employees, while <br /> so engaged on any of the Work <br /> C. Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and <br /> other 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 actions. <br /> claims, demands and expenses arising out of said act. and rules and regulations that are or may be <br /> promulgated in connection therewith. <br /> D. Contractor assumes full responsibility for the payment of all payroll taxes. use. sales. income. <br /> or 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 the <br /> Agreement be enacted as to all persons employed by the Contractor and as to all duties. activities and <br /> requirements by the Contractor in performance of the Work and Contractor shall assume exclusive <br /> D <br />