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F. Service Provider certifies that it is aware of the provisions of Title 51 of the Revised Code <br />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 performance of the Work. Service Provider shall provide the Cities 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 Cities may, at their option <br />and with no obligation to do so, provide and maintain at the expense of Service Provider, such <br />types of insurance in the name of the Service Provider, and with such insurers, as the Cities may <br />deem 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 Cities 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 Cities from and against any claims, valid or <br />otherwise, made against the Cities 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 Cities <br />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 Cities, <br />or will not be performed at any place of business of the Cities, 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 for <br />filing a schedule of expenses, for the next applicable filing period, with the internal revenue service <br />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 />state agencies, where required, for the service performed for the payment of all state taxes normally <br />Page 6 <br />Everett Marysville PSA 2022 <br />