Resolution 4971 - Laserfiche WebLink

• The City shall be named as an additional insured on said policy. Said policy shall be issued by a company authorized to do business in the State of Washington, which is rated at least "A" or better and with a numerical rating of no less than 7, by A. M. Best Company, and which is acceptable to the City. The policy shall contain a provision that the policy shall not be canceled or materially changed without 30 days prior written notice to the City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Association to furnish the required insurance during the term of this Agreement. Upon written request by the City, the insurer or his or her agent will furnish a copy of any policy cited above, certified to be a true and complete copy of the original. In case of the breach of any provision of this section, the City may, at its option and with no obligation to do so, provide and maintain at the expense of the Association such types of insurance in the name of the Association as the City may deem proper, and may deduct the cost of providing and maintaining such insurance from any sums which may be found or become due to the Association under this Agreement or may demand the Association promptly reimburse the City for such cost. 11. INDEPENDENT CONTRACTOR. It is further agreed by and between the parties that because this Agreement shall not constitute nor create an employer-employee relationship, the Association shall be responsible for all obligations relating to federal income tax, self-employment, FICA taxes and contributions, and all other so-called employer taxes and contributions, including, but not limited to, industrial insurance (Worker's Compensation), and that the Association agrees to hold the City of Everett harmless from any claims, valid or otherwise, made to the City because of these obligations. Any and all employees of the Association, while engaged in the performance of any work or services required by the Association under this Agreement, shall be considered employees of the Association only and not of the City, and any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees of the Association, made by a third party as a consequence of any negligent act or omission on the part of the Association's employees while so engaged in any of the work or services required to be rendered herein, shall be the sole obligation and responsibility of the Association. The Association shall comply with all applicable provisions of the Fair Labor Standards Act and other legislation affecting its employees and the rules and shall save the City free, clear and harmless from all actions, claims, demands and expenses arising out of said act and rules and regulations that are or may be promulgated in connection therewith. The Association assumes full responsibility for the payment of all payroll taxes, use, sales, income, or other form of taxes (such as state and city business and occupation taxes), fees, licenses, excises or payments required by any city, federal or state legislation which are now, or may during the term of the Agreement be, enacted as to all persons employed by the Association and as to all duties, activities and requirements by the Association in performance of the work under SALTY SEA DAYS ASSOCIATION AGREEMENT 4