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13. Independent Contractor. <br />A. This Agreement neither constitutes nor creates an employer -employee relationship. Service <br />Provider must provide services under this Agreement as an independent contractor. Service <br />Provider must comply with all federal and state laws and regulations applicable to independent <br />contractors including, but not limited to, the requirements listed in this Section. Service Provider <br />agrees to indemnify and defend the City from and against any claims, valid or otherwise, made <br />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, <br />Service Provider agrees that Service Provider is not an employee or worker of the City under <br />Chapter 51 of the Revised Code of Washington, Industrial Insurance for the service performed <br />in accordance with this Agreement, by certifying to the following: <br />(1) Service Provider is free from control or direction over the performance of the service; <br />and <br />(2) The service performed is outside the usual course of business for the City, or will not <br />be performed at any place of business of the City, or Service Provider is responsible <br />for the costs of the principal place of business from which the service is performed; <br />and <br />(3) Service Provider is customarily engaged in an independently established business of <br />the same nature as the service performed, or has a principal place of business for the <br />service performed that is eligible for a business deduction for federal income tax <br />purposes; and <br />(4) On the effective date of this Agreement, Service Provider is responsible for filing a <br />schedule of expenses, for the next applicable filing period, with the internal revenue <br />service for the type of service performed; and <br />(5) By the effective date of this Agreement or within a reasonable time thereafter, Service <br />Provider has established an account with the department of revenue and other state <br />agencies, where required, for the service performed for the payment of all state taxes <br />normally paid by employers and businesses and has registered for and received a <br />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 <br />of records that reflect all items of income and expenses of the services performed. <br />C. Any and all employees of the Service Provider, while engaged in the performance of any Work, <br />shall be considered employees of only the Service Provider and not employees of the City. The <br />Service Provider shall be solely liable for any and all claims that may or might arise under the <br />Worker's Compensation Act on behalf of such employees or Service Provider, while so engaged <br />and for any and all claims made by a third party as a consequence of any negligent act or <br />omission on the part of the Service Provider's employees, while so engaged on any of the Work <br />Page 6-PSA General Provisions <br />