Common use of INDEPENDENT CAPACITY OF THE CONTRACTOR Clause in Contracts

INDEPENDENT CAPACITY OF THE CONTRACTOR. The parties intend that an independent contractor relationship will be created by this contract. The CONTRACTOR and his or her employees or agents performing under this contract are not employees or agents of the AGENCY. The CONTRACTOR will not hold himself/herself out as or claim to be an officer or employee of the AGENCY or of the State of Washington by reason hereof, nor will the CONTRACTOR make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the CONTRACTOR. INDUSTRIAL INSURANCE COVERAGE The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees, as may be required by law, AGENCY may collect from the CONTRACTOR the full amount payable to the Industrial Insurance accident fund. The AGENCY may deduct the amount owed by the CONTRACTOR to the accident fund from the amount payable to the CONTRACTOR by the AGENCY under this contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the CONTRACTOR. INSURANCE The CONTRACTOR shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the CONTRACTOR or subcontractor, or agents of either, while performing under the terms of this contract. The CONTRACTOR shall provide insurance coverage, which shall be maintained in full force and effect during the term of this contract, as follows:

INDEPENDENT CAPACITY OF THE CONTRACTOR. The parties intend that an independent contractor relationship will be created by this contract. The CONTRACTOR Contractor and his or her employees or agents performing under this contract are not employees or agents of the AGENCYPurchaser. The CONTRACTOR Contractor will not hold himself/herself out as or claim to be an officer or employee of the AGENCY Purchaser or of the State of Washington by reason hereof, nor will the CONTRACTOR Contractor make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with the CONTRACTORcontractor. INDUSTRIAL INSURANCE COVERAGE COVERAGE: The CONTRACTOR Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the CONTRACTOR Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees, as may be required by law, AGENCY Purchaser may collect from the CONTRACTOR Contractor the full amount payable to the Industrial Insurance accident fund. The AGENCY Purchaser may deduct the amount owed by the CONTRACTOR Contractor to the accident fund from the amount payable to the CONTRACTOR Contractor by the AGENCY Purchaser under this contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the CONTRACTOR. INSURANCE The CONTRACTOR shall provide REQUIREMENTS: Insurance requirements for all contracts are as follows. General Requirements: Contractor shall, at their own expense, obtain and keep in force insurance coverage as follows until completion of the Contract and such additional period following completion of the contract as may be set out forth elsewhere in this sectioncontract. Upon request, Contractor shall furnish evidence in the form of a certificate of insurance and applicable endorsements satisfactory to the Purchaser that insurance, in the following kinds and minimum amounts, has been secured. Failure to provide proof of insurance, as required, will result in Contract cancellation. Contractor shall include all Subcontractors as insured under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each Subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of Subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility. All insurance provided in compliance with this Contract shall be primary and non-contributory as to any other insurance or self-insurance programs afforded to or maintained by the Purchaser. Specific Requirements: Employers Liability (Stop Gap): The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employers Liability insurance with a limit of no less than $1,000,000.00. The intent of Purchaser will not be held responsible in any way for claims filed by the required insurance is to protect the state should there be any claims, suits, actions, costs, damages Contractor or expenses arising from any negligent or intentional act or omission of the CONTRACTOR or subcontractor, or agents of either, while performing their employees for services performed under the terms of this contract. The CONTRACTOR shall provide insurance coverage, which shall be maintained in full force and effect during the term of this contract, as follows:Contract.