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with all federal and state laws and regulations applicable to independent contractors including, but not <br /> limited to,the requirements listed in this Section 10. Service Provider agrees to indemnify and defend the <br /> City from and against any claims,valid or otherwise,made against the City because of these obligations. <br /> B. In addition to the other requirements of this Section 10,if Service 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 /> this Agreement,by certifying to the following: <br /> (1) Service Provider is free from control or direction over the performance of the service;and <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 for federal income tax purposes;and <br /> (4) On the effective date of this Agreement, Service Provider is responsible for filing a schedule of <br /> expenses,for the next applicable filing period,with the internal revenue service for the type of service <br /> performed;and <br /> (5) By the effective date of this Agreement or within a reasonable time thereafter, Service Provider <br /> has established an account with the department of revenue and other state agencies,where required,for <br /> the service performed for the payment of all state taxes normally paid by employers and businesses and <br /> has registered for and received a unified business identifier number from the state of Washington;and <br /> (6) By the effective date of this Agreement, Service Provider is maintaining a separate set of <br /> records that reflect all items of income and expenses of the services performed. <br /> C. Any and all employees of Service Provider,while engaged in the performance of any Work,shall <br /> be considered employees of Service Provider only and not of the City,and any and all claims that may or <br /> might arise under the Worker's Compensation Act on behalf of said employees or Service Provider,while <br /> so engaged in any and all claims made by a third party as a consequence of any negligent act or omission <br /> on the part of Service Provider's employees,while so engaged on any of the Work,shall be the sole <br /> obligation and responsibility of Service Provider. <br /> D. Service Provider shall comply with all applicable provisions of the Fair Labor Standards Act and <br /> other legislation affecting its employees and the rules and regulations issued thereunder insofar as <br /> applicable to its employees and shall at all times save the City free,clear and harmless from all actions, <br /> claims,demands and expenses arising out of said act,and rules and regulations that are or may be <br /> promulgated in connection therewith. <br /> E. Service Provider assumes full responsibility for the payment of all payroll taxes,use,sales, <br /> income,or other form of taxes(such as state and,city business and occupation taxes),fees,licenses, <br /> excises or payments required by any city,federal or state legislation which are now or may during the <br /> term of the Agreement be enacted as to all persons employed by Service Provider and as to all duties, <br /> activities and requirements by Service Provider in performance of the Work and Service Provider shall <br /> Page 4 <br /> Berks PSA 2020 <br />