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2 <br /> b)Commercial general liability insurance,including coverage for products and <br /> completed operations,bodily injury and property damage liability,contractual liability, <br /> independent contractors' liability,personal and advertising injury liability.Limits of <br /> coverage shall be$1 Million per occurrence, and$2 Million in the general aggregate per <br /> location. - <br /> Before commencing services under this Agreement,Contractor shall provide the City <br /> with appropriate certificates of insurance as well as proof that the City of Everett,its <br /> officers, employees and agents,are additional insureds under the relevant policies,which <br /> may take the form of an additional insured endorsement or a copy of a blanket additional <br /> insured clause from the relevant policies.The above liability policies must be primary as <br /> to the City and shall contain a provision that the policy will not be canceled or materially <br /> changed without 30 days prior written notice to the City. A statement that such insurance <br /> will apply as primary insurance on behalf such additional insureds must be included on <br /> the additional insured endorsement or blanket additional insured clause,whichever is <br /> submitted by Contractor. <br /> 10. Independent Contractor. <br /> A. This Agreement neither constitutes nor creates an employer-employee <br /> relationship. Contractor must provide services under this Agreement as an independent <br /> contractor. Contractor must comply with all federal and state laws and regulations <br /> applicable to independent contractors including,but not limited to,the requirements <br /> listed in this Section 10. Contractor agrees to indemnify and defend the City from and <br /> against any claims,valid or otherwise,made against the City because of these <br /> obligations. <br /> B. In addition to the other requirements of this Section 10, if Contractor is a sole <br /> proprietor,Contractor agrees that Contractor is not an employee or worker of the City <br /> under Chapter 51 of the Revised Code of Washington,Industrial Insurance for the service <br /> performed in accordance with this Agreement,by certifying to the following: <br /> (1) Contractor is free from control or direction over the performance <br /> of the service; and <br /> (2) The service performed is outside the usual course of business for <br /> the City, or will not be performed at any place of business of the City,or Contractor is <br /> responsible for the costs of the principal place of business from which the service is <br /> performed; and <br /> (3) Contractor is customarily engaged in an independently established <br /> business of the same nature as the service performed, or has a principal place of business <br /> for the service performed that is eligible for a business deduction for federal income tax <br /> purposes; and <br /> (4) On the effective date of this Agreement, Contractor is responsible <br /> for filing a schedule of expenses, for the next applicable filing period,with the internal <br /> revenue service for the type of service performed; and <br /> (5) By the effective date of this Agreement or within a reasonable time <br /> thereafter, Contractor has established an account with the department of revenue and <br /> other state agencies, where required,for the service performed for the payment of all state <br /> taxes normally paid by employers and businesses and has registered for and received a <br /> Page 4 Snohomish County Tourism Bureau Contract-2011 <br /> 11 <br />