Laserfiche WebLink
5 <br /> insurance. Service Provider shall provide the City with either (1) a true copy of an endorsement <br /> naming the City of Everett, its officers, employees and agents as Additional Insureds on the <br /> Commercial General Liability Insurance policy and the Business Automobile Liability Insurance <br /> policy with respect to the operations performed and services provided under this Agreement and <br /> that such insurance shall apply as primary insurance on behalf of such Additional Insureds or (2) <br /> a true copy of the blanket additional insured clause from the policies. Receipt by the City of any <br /> certificate showing less coverage than required is not a waiver of the Service Provider's <br /> obligations to fulfill the requirements. <br /> E. If the policy listed in paragraph 11.A.4. above, Professional Errors and Omissions <br /> Insurance, is on a claims made policy form, the retroactive date on the policy shall be the <br /> effective date of this Agreement or prior. The retroactive date of any subsequent renewal of such <br /> policy shall be the same as the original policy provided. The extended reporting or discovery <br /> period on a claims made policy form shall not be less than 36 months following expiration of the <br /> policy. (This paragraph shall not apply if paragraph 11.A.4. above is stricken.) <br /> F. Service Provider certifies that it is aware of the provisions of Title 51 of the Revised <br /> Code of Washington that requires every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> Service Provider shall comply with the provisions of Title 51 of the Revised Code of Washington <br /> before commencing the performance of the Work. Service Provider shall provide the City with <br /> evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before <br /> any Work is commenced. <br /> G. In case of the breach of any provision of this section, the City may, at its option and <br /> with no obligation to do so, provide and maintain at the expense of Service Provider, such types <br /> of insurance in the name of the Service Provider, and with such insurers, as the City may deem <br /> proper, and may deduct the cost of providing and maintaining such insurance from any sums <br /> which may be found or become due to Service Provider under this Agreement or may demand <br /> Service Provider to promptly reimburse the City for such cost. <br /> 12. Independent Contractor. <br /> A. This Agreement neither constitutes nor creates an employer-employee relationship, <br /> and because the Service Provider is an independent contractor, Service Provider shall be <br /> responsible for all obligations relating to federal income tax, self-employment FICA taxes and <br /> contributions, and all other so called employer taxes and contributions, including, but not limited <br /> to, industrial insurance (Workmen's Compensation), and that the Service Provider agrees to <br /> indemnify, defend and hold the City harmless from any claims, valid or otherwise, made to the <br /> City, because of these obligations. <br /> B. Any and all employees of the Service Provider, while engaged in the performance of <br /> any Work, shall be considered employees of only the Service Provider and not employees of the <br /> City. The Service Provider shall be solely liable for any and all claims that may or might arise <br /> under the Worker's Compensation Act on behalf of said employees or Service Provider, while so <br /> engaged and for any and all claims made by a third party but only to the extent of any negligent <br /> l ? <br /> Page 6 of 9 <br />