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Page 4 <br />(Form Approved by City Attorney’s Office January 1, 2010, updated December 2, 2022) <br />limited to, the requirements listed in this Section.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, if Service Provider is a sole proprietor, Service <br />Provider agrees that Service Provider is not an employee or worker of the City under Chapter 51 of the <br />Revised Code of Washington, Industrial Insurance for the service performed in accordance with this <br />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 />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.