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Page 7 <br />Bridgeways PSA 2023 <br /> B. In addition to the other requirements of this Section, if Service Provider is a sole <br />proprietor, Service Provider agrees that Service Provider is not an employee or worker of the City <br />under Chapter 51 of the Revised Code of Washington, Industrial Insurance for the service <br />performed in accordance with this Agreement, by certifying to the following: <br /> <br /> (1) Service Provider is free from control or direction over the performance of <br />the service; and <br /> <br /> (2) The service performed is outside the usual course of business for the City, <br />or will not be performed at any place of business of the City, or Service Provider is responsible for <br />the costs of the principal place of business from which the service is performed; and <br /> <br /> (3) Service Provider is customarily engaged in an independently established <br />business of 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 purposes; and <br /> <br /> (4) On the effective date of this Agreement, Service Provider is responsible for <br />filing a schedule of expenses, for the next applicable filing period, with the internal revenue service <br />for the type of service performed; and <br /> <br /> (5) By the effective date of this Agreement or within a reasonable time <br />thereafter, Service Provider has established an account with the department of revenue and other <br />state agencies, where required, for the service performed for the payment of all state taxes normally <br />paid by employers and businesses and has registered for and received a unified business identifier <br />number from the state of Washington; and <br /> <br /> (6) By the effective date of this Agreement, Service Provider is maintaining a <br />separate set of records that reflect all items of income and expenses of the services performed. <br /> <br /> C. Any and all employees of the Service Provider, while engaged in the performance of any <br />Work, shall be considered employees of only the Service Provider and not employees of the City. <br />The 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 said 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 omission <br />on the part of the Service Provider's employees, while so engaged on any of the Work <br /> <br /> D. Service Provider shall comply with all applicable provisions of the Fair Labor Standards <br />Act and other legislation affecting its employees and the rules and regulations issued thereunder <br />insofar as applicable to its employees and shall at all times save the City free, clear and harmless <br />from all actions, claims, demands and expenses arising out of said act, and rules and regulations <br />that are or may be promulgated in connection therewith. <br /> <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, <br />licenses, excises or payments required by any city, federal or state legislation which are now or <br />may during the term of the Agreement be enacted as to all persons employed by the Service