25D - AGMT WORK COMP ADMIN - Laserfiche WebLink

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(i) The City, and their respective officers, agents and employees are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Administrator; or automobiles owned, leased, hired or borrowed by the Administrator. (ii) For any claims related to this project, the Administrator's insurance coverage shall be primary insurance as respects the City, and their respective officers, agents and employees. Any insurance or self insurance maintained by City, and their respective officers, agents and employees, shall be excess of the Administrator's insurance and shall not contribute with it. (iii) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (3 0) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Prior to commencement of work pursuant to this Agreement, Administrator shall provide the City with a certificate of insurance and required endorsements evidencing that such insurance has been obtained and is in full force and effect. Such coverage shall provide thirty (30) calendar day's notice of intent to cancel or non -renewal to the and City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M, Best's rating of no less than A -:VII, unless otherwise acceptable to the City. 12. Non -liability of City Officials. No City representative shall be personally liable to the Administrator, or any successor in interest of Administrator, in the event of any default or breach by the City, or for any amount which may become due to the Administrator or any successor, or on any obligation under the terms of this Agreement. 13. Independent Contractor. a. The Administrator and its employees are independent contractors of the City and are not employees of City. This Agreement is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the City and Administrator. The employees and agents of one party are not the employees or agents of the other party for any purpose whatsoever. b. The Administrator shall be solely liable and responsible for providing all compensation and benefits to, or on behalf of, all persons performing work pursuant to this Agreement. The City shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes or other compensation, benefits or taxes for any personnel provided by or on behalf of Administrator. C. The Administrator understands and agrees that all persons performing work pursuant to this Agreement are, for purposes of workers' compensation liability, solely employees of Administrator and not employees of the City. The Administrator shall be solely liable and responsible for furnishing any and all workers' compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of Administrator hereunder. d. The Administrator shall agree to indemnify, defend and hold harmless the City for any action or proceeding related to Administrator's employees or agents' independent contractor status.. Page 10 of 13 25D-16