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Page 6 <br />(Form Approved by City Attorney’s Office January 7, 2010, updated November 15, 2022) <br />evidence of Workers’ Compensation Insurance (or evidence of qualified self-insurance) before <br />any Work is commenced. <br /> <br /> G. In case of the breach of any provision of this Section 11, the City may, at its option and <br />with no obligation to do so, provide and maintain at the expense of Service Provider, such types <br />of insurance in the name of the Service Provider, and with such insurers, as the City may deem <br />proper, and may deduct the cost of providing and maintaining such insurance from any sums which <br />may be found or become due to Service Provider under this Agreement or may demand Service <br />Provider to promptly reimburse the City for such cost. <br /> <br />12. Risk of Loss. Service Provider shall be solely responsible for the safety of its employees, <br />agents and subcontractors in the performance of the work hereunder and shall take all protections <br />reasonably necessary for that purpose. All work shall be done at Service Provider’s own risk, and <br />Service Provider shall be solely responsible for any loss of or damage to materials, tools, or other <br />articles used or held for use in connection with the work <br />13. Independent Contractor. <br /> A. This Agreement neither constitutes nor creates an employer-employee relationship. <br />Service Provider must provide services under this Agreement as an independent contractor. <br />Service Provider must comply with all federal and state laws and regulations applicable to <br />independent contractors including, but not limited to, the requirements listed in this Section. <br />Service Provider agrees to indemnify and defend the City from and against any claims, valid or <br />otherwise, made against the City because of these obligations. <br /> <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