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G.In ease of the breach of any provision of-this SePtion,11;the City may;at its optiOn and With nO <br /> obligation to do so,provide and maintain at the expense of Service Provider, such types of Insurance in <br /> the Barre of the Service Provider;and with snob insurers;.as Me City may deem proper,and may deduct <br /> the cost of providing and maintaining such insurance from any sums Which may be found or become due <br /> to Service Provider under the Agreement or may demand Service Provider to promptly reimburse the <br /> City for such cost. <br /> 12.independent Contractor, <br /> A.A The Agreemenf-izeitlatt constitutes nor creates an etnployer-emPloyee:relationship. Service Provider <br /> must provide services under the Agreement as an independent Oontractor, SerVice Provider must opmfily <br /> with all federal and state laws and 1%1114011,1 applicable to independent contractors including,but not <br /> limited to,the requirements listed in this section 12: Service Provider agrees to indemnify-and defend <br /> the City from and against any clairns,valid or otherwise,Made aga:l:!?5t the City because of these <br /> obligations. <br /> B. In:addition to the other requirements of this Section 12,ifservice Provider is a sole proprietor, <br /> Service Provider agrees that Service Provider is not an employee or worker of the City under chapter 51 <br /> of the Revised Code of Washington,Industrial Insurance-for the service performed in accordance with <br /> theAgogplmit..by ogfifying to the follOWing; <br /> (1)Service Provider is free from control 0):direotiOn over the performance of the service;44(1 <br /> (2)The service performed is outside the usual course of business for the City, or will not be <br /> performed at any place of business of the City,or Service Provider is responsible for the costs of the <br /> principal place of business from which the service is performed;and: <br /> (3) Service Provider is customarily engaged in an independently established.business of the same <br /> nature as the service performed,or has a principal place of business for the service performed that is <br /> eligible for a business deduction fbr.fpdeial income tax purposes;gtcl. <br /> (4)On_the effective date of the Agreement,Service Provider is responsible for filing a schedule <br /> of expenses;for the next applicable filing period,with the internal revenue revenue servicfor the type <br /> of service perfOnned; and <br /> (5)By-the effective date of the Agreement or wit-bin a reasonable time thereafter;Service <br /> provider-has established an account with the department of revenue and other state agencies,where <br /> required,for the service performed for the payment of all state taxes normally paid by employers and <br /> businesses and has registered for and received a Tipified business identifier number from the state of <br /> Washington; and <br /> effective date PftP.A-greelnent5 Service Provider is maintaining a separate set of <br /> records that-reflect all items of income and expenses of the.services perfonned. <br /> C. Any and all employees of the Service provider;while engaged in the performance of any Work,shall <br /> be considered employees of only the Service Provider and not employees of the city. The Service <br /> Provider shall be solely liable for any and all claims that may or might arise under the for any and all <br /> claims that may or might arise under the Worker's Compensation Act on behalf of said employees <br /> Qe:aeral Conditions Page 5 <br /> 114 <br /> Standard Document Approved 4.22.14/Office of At.toM ey <br />