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Public Art Professional Services Agreement (2021) 6 <br /> E. Artist certifies that it is aware of the provisions of Title 51 of the Revised Code of <br />Washington that require every employer to be insured against liability of Workers’ Compensation, <br />or to undertake self-insurance in accordance with the provisions of that Title. Artist shall comply <br />with the provisions of Title 51 of the Revised Code of Washington before commencing the <br />performance of the Work. Artist shall provide the City with evidence of Workers’ Compensation <br />Insurance (or evidence of qualified self-insurance) before any Work is commenced. <br /> <br /> F. In case of the breach of any provision of this section, the City may, at its option and with <br />no obligation to do so, provide and maintain at the expense of Artist, such types of insurance in <br />the name of the Artist, and with such insurers, as the City may deem proper, and may deduct the <br />cost of providing and maintaining such insurance from any sums which may be found or become <br />due to Artist under this Agreement or may demand Artist to promptly reimburse the City for such <br />cost. <br /> <br />14. Independent Contractor. <br /> A. This Agreement neither constitutes nor creates an employer-employee relationship. <br />Artist must provide services under this Agreement as an independent contractor. Artist must <br />comply with all federal and state laws and regulations applicable to independent contractors <br />including, but not limited to, the requirements listed in this Section 14. Artist agrees to indemnify <br />and defend the City from and against any claims, valid or otherwise, made against the City because <br />of these obligations. <br /> <br /> B. In addition to the other requirements of this Section 14, if Artist is a sole proprietor, <br />Artist agrees that Artist is not an employee or worker of the City under Chapter 51 of the Revised <br />Code of Washington, Industrial Insurance for the service performed in accordance with this <br />Agreement, by certifying to the following: <br /> <br /> (1) Artist is free from control or direction over the performance of the service; <br />and <br /> <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 Artist is responsible for the costs <br />of the principal place of business from which the service is performed; and <br /> <br /> (3) Artist is customarily engaged in an independently established business of <br />the same nature as the service performed, or has a principal place of business for the service <br />performed that is eligible for a business deduction for federal income tax purposes; and <br /> <br /> (4) On the effective date of this Agreement, Artist is responsible for filing a <br />schedule of expenses, for the next applicable filing period, with the internal revenue service for <br />the type of service performed; and <br /> <br /> (5) By the effective date of this Agreement or within a reasonable time <br />thereafter, Artist has established an account with the department of revenue and other state <br />agencies, where required, for the service performed for the payment of all state taxes normally