Century Pacific LLLP 10/5/2022 - Laserfiche WebLink

limited to, the requirements listed in this Section 10, Service Provider agrees to :indemnify and defend the City from and against any claims, valid or otherwise, made against the City because of these obligations. B. In addition to the other requirements of -this .Section 19, if Service Provider is a sole proprietor, Service Provider agrees that Service Provider is not an employee or worker of the City under Chapter 51 of the Revised Code of Washington, Industrial insurance for the service performed in accordance with this Agreement, by certifying to the following: (1) Service .Provider is free from control or :direction over .the performance of the service; and (2) The service perfouued is outside the Usual course of business for the City, or will not be performed at any place of business of the City, or Service Provider is responsible for the costs of the principal place of business from which the service is performed; and (3) Service Provideris customarily engaged in an independently established business 'of the same nature as the service performed; or has a principal place of business for the service performed that is eligible for a business deductionfor federal income tag purposes; and (4) On the effective date of. this Agreement, Service Provider is responsible for filing a schedule -of expenses, for the next applicable filing period, with the internal revenue service for the type of service performed; and (5) By the effective date of this Agreement or within a reasonable time thereafter, Service Provider has established an account with the department of revenue and other state agencies, where required, for the service performed for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington; and (6) By the effective date of this Agreement, Service Provider is maintaining a separate set of records that reflect all items of income and expenses of the services performed. C. Any and all employees of Service Provider, while engaged in the performance of any Work, shall be considered employees .of Service Provider only and not of the City, and any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees or Service Provider, while so engaged in any and all claim.s.made by a third party as a consequence of any negligent act -or omission on the part of Service Provider's employees, while so engaged on any of the 'Work, shall be the sole obligation and responsibility of Service Provider. D: Service Provider shall comply with all applicable provisions of the Fair Tabor Standards Act and other legislation affecting its employees and the rules and regulations. issued thereunder insofar as applicable to its er_nployees and -shall at all trines save the City free, clear and harmless from all actions, claims, demands and expenses arising out of said act, and rules and regulations that are or may be promulgated in connection therewith. E. Service Provider assumes full responsibility for the payment of all payroll taxes, use, sales, income, or other form of taxes (such as state- and, city business and, occupation taxes), fees, licenses, excises or payments .required by any city, federal or state legislation which ate now or may during the term of the Agreement be enacted as to all persons employed by Service Provider and as to all duties, activities and requirements by Service Provider in performance of the Work and Service Provider shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations that are now or may be promulgated in connection therewith. Page 4 (Folili Approved by City Attorney's Office January 1, 2010, updated March 13, 2022)