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Prior to teaching any SCUBA classes, Contractor shall provide the City with a Certificate <br /> of Insurance acceptable to the City Attorney evidencing the above-required insurance <br /> and naming the City of Everett, its officers, employees and agents as Additional Insureds <br /> by endorsement on the Commercial General Liability Insurance policy and the Business <br /> Automobile Liability Insurance policy with respect to the operations performed and <br /> services provided under this Agreement and that such insurance shall apply as primary <br /> insurance on behalf of such Additional Insureds. Receipt by the City of any certificate <br /> showing less coverage than required is not a waiver of the Contractor's obligations to <br /> fulfill the requirements. <br /> If the Professional Errors and Omissions Insurance policy is on a claims made policy <br /> form, the retroactive date on the policy shall be the effective date of this Agreement or <br /> prior. The retroactive date of any subsequent renewal of such policy shall be the same <br /> as the original policy provided. The extended reporting or discovery period on a claims <br /> made policy form shall not be less than 36 months following expiration of the policy. <br /> Contractor certifies that it is aware of the provisions of Title 51 of the Revised Code of <br /> Washington which requires every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that <br /> Title. Contractor shall comply with the provisions of Title 51 of the Revised Code of <br /> Washington before commencing the performance of the Work. Contractor shall provide <br /> the City with evidence of Workers' Compensation Insurance (or evidence of qualified <br /> self-insurance) before any Work is commenced. <br /> 9. Independent Contractor. <br /> A. It is further agreed by and between the parties that because this Agreement shall <br /> not constitute nor create an employer-employee relationship, and since the <br /> Contractor is an independent contractor, Contractor shall be responsible for all <br /> obligations relating to federal income tax, self-employment FICA taxes and <br /> contributions, and all other so called employer taxes and contributions, including, <br /> but not limited to, industrial insurance (Workmen's Compensation), and that the <br /> Contractor agrees to indemnify, defend and hold the City harmless from any <br /> claims, valid or otherwise, made to the City, because of these obligations. <br /> B. Any and all employees of the Contractor, while engaged in the performance of <br /> any Work, shall be considered employees of the Contractor only and not of the <br /> City, and any and all claims that may or might arise under the Worker's <br /> Compensation Act on behalf of said employees or Contractor, while so engaged <br /> in any and all claims made by a third party as a consequence of any negligent <br /> act or omission on the part of the Contractor's employees, while so engaged on <br /> any of the Work, shall be the sole obligation and responsibility of the Contractor. <br /> C. Contractor shall comply with all applicable provisions of the Fair Labor Standards <br /> Act and other legislation affecting its employees and the rules and regulations <br /> issued thereunder insofar as applicable to its employees and shall at all times <br /> save the City free, clear and harmless from all actions, claims, demands and <br /> expenses arising out of said act, and rules and regulations that are or may be <br /> promulgated in connection therewith. <br />