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2 <br /> F. Service Provider certifies that it is aware of the provisions of Title 51 of the Revised <br /> Code of Washington that requires every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> Service Provider shall comply with the provisions of Title 51 of the Revised Code of Washington <br /> before commencing the perfoiiiiance of the Work. Service Provider shall provide the City with <br /> evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before <br /> any Work is commenced. <br /> G. In case of the breach of any provision of this Section 11, the City may, at its option and <br /> with no obligation to do so, provide and maintain at the expense of Service Provider, such types <br /> of insurance in the name of the Service Provider, and with such insurers, as the City may deem <br /> proper, and may deduct the cost of providing and maintaining such insurance from any sums <br /> which may be found or become due to Service Provider under this Agreement or may demand <br /> Service Provider to promptly reimburse the City for such cost. <br /> 12. Independent Contractor. <br /> A. This Agreement neither constitutes nor creates an employer-employee relationship. <br /> Service Provider must provide services under this Agreement as an independent contractor. <br /> Service Provider must comply with all federal and state laws and regulations applicable to <br /> independent contractors including, but not limited to, the requirements listed in this Section 12. <br /> Service Provider agrees to indemnify and defend the City from and against any claims, valid or <br /> otherwise, made against the City because of these obligations. <br /> B. In addition to the other requirements of this Section 12, if Service Provider is a sole <br /> proprietor, Service Provider agrees that Service Provider is not an employee or worker of the <br /> City under Chapter 51 of the Revised Code of Washington, Industrial Insurance for the service <br /> performed in accordance with this Agreement,by certifying to the following: <br /> (1) Service Provider is free from control or direction over the performance of <br /> the service; and <br /> (2) The service performed is outside the usual course of business for the City, <br /> or will not be performed at any place of business of the City, or Service Provider is responsible <br /> for the costs of the principal place of business from which the service is performed; and <br /> (3) Service Provider is customarily engaged in an independently established <br /> business of the same nature as the service performed, or has a principal place of business for the <br /> service performed that is eligible for a business deduction for federal income tax purposes; and <br /> (4) On the effective date of this Agreement, Service Provider is responsible <br /> for filing a schedule of expenses, for the next applicable filing period, with the internal revenue <br /> service for the type of service performed; and <br /> (5) By the effective date of this Agreement or within a reasonable time <br /> thereafter, Service Provider has established an account with the department of revenue and other <br /> Page 7 <br /> Gordian Group,Inc.Professional Services Agreement(2014) <br /> 10 <br />