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(ii) The City's insurance coverage shall apply separately to each insured against whom a claim <br /> is made and/or lawsuit is brought,except with respect to the limits of the insurer's liability. <br /> (iii)Any deductibles or self-insured retentions must be declared to, and approved by, the <br /> County.The deductible and/or self-insured retention of the policies shall not limit or apply <br /> to the City's liability to the County and shall be the sole responsibility of the City. <br /> (iv)Coverage shall not be suspended,voided,canceled,reduced in coverage or in limits,until <br /> after forty-five(45)calendar days' prior written notice,has been given to the County. <br /> (v) Insurance coverage is to be placed with insurers with a Bests'rating of no less than A:VIII, <br /> or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size <br /> VIII. <br /> If at any time any of the foregoing policies fail to meet minimum requirements,the City shall,upon <br /> notice to that effect from the County, promptly obtain a new policy, and shall submit the same to <br /> the County,with the appropriate certificates and endorsements,for approval. <br /> The City may satisfy its insurance obligations by self-insurance or its participation in an approved <br /> Washington State Self-Insurance Risk Retention pool. <br /> 18. PUBLIC RECORDS ACT <br /> Both parties shall maintain adequate records to document obligations performed under this <br /> Agreement. This Agreement and all public records associated with this Agreement shall be <br /> retained and be available from both the City and the County for inspection and copying where <br /> required by the Public Records Act, Chapter 42.56 RCW. <br /> 19. INDEPENDENT CONTRACTOR <br /> The City shall perform the services under this Agreement as an independent contractor and not as <br /> an agent, employee, or servant of the County. The parties agree that the City is not entitled to any <br /> benefits or rights enjoyed by employees of the County.The City specifically has the right to direct <br /> and control the City's own activities,including any activities undertaken by any County-approved <br /> subcontractor,in providing the agreed services in accordance with the specifications set out in this <br /> Agreement.The County shall only have the right to ensure performance. <br /> 20. MISCELLANEOUS <br /> A. No obligation in this Agreement shall limit the City in fulfilling its responsibilities otherwise <br /> defined by law. <br /> B. No obligation in this Agreement shall limit the County in fulfilling its responsibilities otherwise <br /> defined by law. <br /> INTERGOVERNMENTAL SERVICES AGREEMENT <br /> BETWEEN SNOHOMISH COUNTY AND THE <br /> CITY OF EVERETT FOR THE OPERATION AND pg. 8 <br /> MAINTENANCE OF THE SMITH ISLAND PUMP STATION <br />