GTECHNA 8/22/2018 - Laserfiche WebLink

policy shall be construed in derogation of the continuous duty of[Vendor] to furnish the required insurance during the term of this Agreement. 143. Upon written request by the City,the insurer or his/her agent will furnish,prior to or during any Work being performed, a copy of any policy cited above,certified to be a true and complete copy of the original. 14.4. Prior to [Vendor]performing any part of this Agreement, [Vendor] shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the above-required insurance and naming the City of Everett, its officers,employees and agents as Additional Insureds on the Commercial General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to the operations performed and services provided under this Agreement and that such insurance shall apply as primary insurance on behalf of such Additional Insureds. Receipt by the City of any certificate showing less coverage than required is not a waiver of[Vendor]'s obligations to fulfill the requirements. 14.5. [Vendor] certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington which requires every employer to be insured against liability of Workers' Compensation, or to undertake self-insurance in accordance with the provisions of that Title. [Vendor] shall comply with the provisions of Title 51 of the Revised Code of Washington before commencing the performance of the Work. [Vendor] shall provide the City with evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance)before any Work is commenced. 14.6. In case of the breach of any provision of this section, the City may,at its option and with no obligation to do so,provide and maintain at the expense of[Vendor], such types of insurance in the name of[Vendor],and with such insurers,as the City may deem proper, and may deduct the cost of providing and maintaining such insurance from any sums which may be found or become due to [Vendor] under this Agreement or may demand[Vendor] to promptly reimburse the City for such cost. 15 INDEPENDENT CONTRACTOR 15.1. It is further agreed by and between the parties that because this Agreement shall not constitute nor create an employer-employee relationship,and since[Vendor] is an independent contractor, [Vendor] shall be responsible for all obligations relating to federal income tax, self- employment FICA taxes and contributions, and all other so called employer taxes and contributions, including, but not limited to, industrial insurance(Workmen's Compensation),and that [Vendor] agrees to indemnify, defend and hold the City harmless from any claims,valid or otherwise, made to the City,because of these obligations. 15.2. Any and all employees of[Vendor],while engaged in the performance of any Work,shall be considered employees of[Vendor] only and not of the City, and any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees or[Vendor], while so engaged in any and all claims made by a third party as a consequence of any negligent act or omission on the part of[Vendor]'s employees,while so engaged on any of the Work,shall be the sole obligation and responsibility of[Vendor]. City of Everett/Gtechna Software Agreement Page 9 7/25/2018 it