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and defend the City from and against any claims,valid or otherwise,made against the City because of <br />these obligations. <br />B.In addition to the other requirements of this Section,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 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. <br />Page 4 <br />(Form Approved by City Attorney’s Office January 1,2010,updated December 2,2022)