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9. Insurance. The Grant Recipient shall procure and keep in force during the term of this <br />Agreement, at Grant Recipient’s own cost and expense, automobile liability insurance on all <br />vehicles used by Grant Recipient in the performance of this Agreement. Proof of such insurance <br />shall be provided to the City prior to performing any Work hereunder. A statement certifying that <br />no vehicle will be used in fulfilling this Agreement may be substituted for this insurance <br />requirement. <br />10. Independent Contractor. <br /> A. This Agreement neither constitutes nor creates an employer-employee <br />relationship. Grant Recipient must provide service under this Agreement as an independent <br />contractor. Grant Recipient must comply with all federal and state laws and regulations <br />applicable to independent contractors including, but not limited to, the requirements listed in this <br />Section 10. The Grant Recipient agrees to indemnify and defend the City from and against any <br />claims, valid or otherwise, made against the City because of these obligations. <br /> B. In addition to the other requirements of this Section 10, if the Grant Recipient is a <br />sole proprietor, the Grant Recipient agrees that the Grant Recipient is not an employee or worker <br />of the City under Chapter 51 of the Revised Code of Washington, Industrial Insurance, for the <br />Work performed in accordance with this Agreement, by certifying to the following: <br /> (1) The Grant Recipient is free from control or direction over the performance <br />of the Work; and <br /> (2) The Work performed is outside the usual course of business for the City or <br />will not be performed at any place of business of the City, or Grant Recipient is responsible for <br />the costs of the principal place of business from which the Work is performed; and <br /> (3) The Grant Recipient is customarily engaged in an independently <br />established business of the same nature as the Work performed, or has a principal place of <br />business for the Work performed that is eligible for a business deduction for federal income tax <br />purposes; and <br /> (4) On the effective date of this Agreement, the Grant Recipient is responsible <br />for filing a schedule of expenses, for the next applicable filing period, with the Internal Revenue <br />Service from the type of service performed; and <br /> (5) By the effective date of this Agreement or within a reasonable time <br />thereafter, the Grant Recipient has established an account with the Department of Revenue and <br />other state agencies, where required, for the Work performed for the payment of all state taxes <br />Page of 7 4