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