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2 <br /> B. The above liability policies shall be primary as to the City and shall contain a provision <br /> • that the policy shall not be canceled or materially changed without 30 days prior written notice to <br /> the City. No cancellation provision in any insurance policy shall be construed in derogation of <br /> the continuous duty of the Service Provider to furnish the required insurance during the term of <br /> this Agreement. <br /> C. Upon written request by the City, the insurer or his/her agent will furnish, prior to or <br /> during any Work being performed, a copy of any policy cited above, certified to be a true and <br /> complete copy of the original. <br /> D. Prior to the Service Provider performing any Work, Service Provider shall provide the <br /> City with a Certificate of Insurance acceptable to the City Attorney evidencing the required <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 Section 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 Section 11.E shall not apply if Section 11.A.4. above is stricken.) <br /> • <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 11,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 /> Page 5 <br /> (Form Approved by City Attorney's Office January 7,2010, updated June 7,2012) <br /> 10 <br />