2007/12/24 Council Agenda Packet

5 14.4. Prior to TC Technology performing any part of this Agreement,TC Technology shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance and naming the City of Everett,its officers,employees and agents as Additional Insureds on the Commercial General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to the operations performed and services provided under this Agreement and that such insurance shall apply as primary insurance on behalf of such Additional Insureds. Receipt by the City of any certificate showing less coverage than required is not a waiver of TC Technology's obligations to fulfill the requirements. 14.5. TC Technology certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington which requires every employer to be insured against liability of Workers' Compensation,or to undertake self-insurance in accordance with the provisions of that Title. TC Technology shall comply with the provisions of Title 51 of the Revised Code of Washington before commencing the performance of the Work. TC Technology shall provide the City with evidence of Workers' Compensation Insurance(or evidence of qualified self-insurance)before any Work is commenced. 14.6. 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 TC Technology,such types of insurance in the name of TC Technology,and with such insurers,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 TC Technology under this Agreement or may demand TC Technology to promptly reimburse the City for such cost. 15 INDEPENDENT CONTRACTOR 15.1. It is further agreed by and between the parties that because this Agreement shall not constitute nor create an employer-employee relationship,and since TC Technology is an independent contractor,TC Technology 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(Workmen's Compensation),and that TC Technology agrees to indemnify,defend and hold the City harmless from any claims,valid or otherwise,made to the City,because of these obligations. 15.2. Any and all employees of TC Technology,while engaged in the performance of any Work, shall be considered employees of TC Technology 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 or TC Technology,while so engaged in any and all claims made by a third party as a consequence of any negligent act or omission on the part of TC Technology's employees,while so engaged on any of the Work,shall be the sole obligation and responsibility of TC Technology. 15.3. TC Technology shall comply with all applicable provisions of the Fair Labor Standards Act and other legislation affecting its employees and the rules and regulations issued thereunder insofar as applicable to its employees and shall at all times 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. 15.4. TC Technology assumes full responsibility for the payment of-all-payroll-taxes,=_u-se,_.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 TC Technology Page 9 2k