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15 <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 material breach of any provision of this section, the City may, at its option <br /> and with no obligation to do so, provide and maintain at the expense of Service Provider, such <br /> types of insurance in the name of the Service Provider, and with such insurers, as the City may <br /> deem proper, and may deduct the cost of providing and maintaining such insurance from any <br /> sums which may be found or become due to Service Provider under this Agreement or may <br /> demand 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, and <br /> because the Service Provider is an independent contractor, Service Provider shall be responsible <br /> for all obligations relating to federal income tax, self-employment FICA taxes and contributions, <br /> and all other so called employer taxes and contributions, including, but not limited to, industrial <br /> insurance (Workmen's Compensation), and that the Service Provider agrees to indemnify, defend <br /> and hold the City harmless from any claims, valid or otherwise, made to the City, because of <br /> 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 as a consequence of any negligent act or <br /> omission on the part of the Service Provider's employees, while so engaged on any of the Work <br /> C. Service Provider shall comply with all applicable provisions of the Fair Labor <br /> Standards Act and other legislation affecting its employees and the rules and regulations issued <br /> thereunder insofar as applicable to its employees and shall at all times save the City free, clear <br /> r-• <br /> IJ <br />