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General Provisions ‐ 4
<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 taxes 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, while 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 the City free, clear and
<br />harmless from all actions, claims, demands and expenses arising out of such act, and rules
<br />and regulations that are or may be promulgated in connection therewith.
<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
<br />or may during the term of the Agreement be enacted as to all persons employed by Service
<br />Provider and as to all duties, activities and requirements by Service Provider in performance
<br />of the Work and Service Provider shall assume exclusive liability therefor, and meet all
<br />requirements thereunder pursuant to any rules or regulations that are now or may be
<br />promulgated in connection therewith.
<br />14. Employment/Conflict of Interest. Service Provider warrants that it has not employed or retained
<br />any company or person, other than a bona fide employee working solely for Service Provider, to
<br />solicit or secure this Agreement and that it has not paid or agreed to pay any company or person,
<br />other than a bona fide employee working solely for Service Provider, any fee, commission,
<br />percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from
<br />the award or making of this Agreement. For breach or violation of this warranty, the City shall
<br />have the right to annul this Agreement without liability or, in its discretion, to deduct from the
<br />Agreement price or consideration or otherwise recover, the full amount of such fee, commission,
<br />percentage, brokerage fee, gift, or contingent fee. Further, it is recognized that Service Provider
<br />may or will be performing professional services during the term of this Agreement for other
<br />parties; however, such performance of other services shall not conflict with or interfere with
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