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<br /> (Form Approved by City Attorney’s Office January 1, 2010, updated March 13, 2022)
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<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
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<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
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<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
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<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.
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<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.
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<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.
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<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 />assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or
<br />regulations that are now or may be promulgated in connection therewith.
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<br />11. Employment/Conflict of Interest. Service Provider warrants that it has not employed or retained
<br />any company or person, other than a bona fide employee working solely for Service Provider, to solicit or
<br />secure this Agreement and that it has not paid or agreed to pay any company or person, other than a bona
<br />fide employee working solely for Service Provider, any fee, commission, percentage, brokerage fee, gifts,
<br />or any other consideration, contingent upon or resulting from the award or making of this Agreement.
<br />For breach or violation of this warranty, the City shall have the right to annul this Agreement without
<br />liability or, in its discretion, to deduct from the Agreement price or consideration or otherwise recover,
<br />the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Further, it is
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