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General Provisions - 5 <br />12. Risk of Loss. Service Provider shall be solely responsible for the safety of its employees, agents <br />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 da mage to Service Provider’s <br />materials, tools, or other 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. 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 appli cable 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 <br />or otherwise, made against the City because of these oblig ations. <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 <br />performed 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 <br />service; and <br />(2) The service performed is outside the usual course of business for the City, or will <br />not be performed at any place of business of the City, or Service Provider is <br />responsible for the costs of the principal place of business from which the service <br />is performed; and <br />(3) Service Provider is customarily engaged in an independently established business <br />of the same nature as the service performed, or has a principal place of business <br />for the service performed that is eligible for a business deduction for federal <br />income tax purposes; and <br />(4) On the effective date of this Agreement, Service Provider is responsible for filing <br />a schedule of expenses, for the next applicable filing period, with the internal <br />revenue service for the type of service performed; and <br />(5) By the effective date of this Agreement or within a reasonable time thereafter, <br />Service Provider has established an account with the department of revenue and <br />other state agencies, where required, for the service performed for the payment <br />of all state taxe s normally paid by employers and businesses and has registered <br />for and received a unified business identifier number from the state of <br />Washington; and <br />(6) By the effective date of this Agreement, Service Provider is maintaining a separate <br />set of records that reflect all items of income and expenses of the services <br />performed. <br />C. Any and all employees of Service Provider, while engaged in the performance of any Work, <br />shall be considered employees of only Service Provider and not employees of the City. <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 <br />engaged and for any and all claims made by a third party as a consequence of any negligent <br />act or omission on the part of Service Provider's employees, whi le so engaged on any of the <br />Work. <br />D. Service Provider shall comply with all applicable provisions of the Fair Labor Standards Act <br />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 th e City free, clear and