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<br />General Provisions - 5
<br />Code of Washington, Industrial Insurance for the service performed in accordance with this
<br />Agreement, by certifying to the following:
<br />(1) Supplier is free from control or direction over the performance of the 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 Supplier is responsible
<br />for the costs of the principal place of business from which the service is
<br />performed; and
<br />(3) Supplier is customarily engaged in an independently established business of the
<br />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, Supplier is responsible for filing a
<br />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 />Supplier 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
<br />state taxes normally paid by employers and businesses and has registered for and
<br />received a unified business identifier number from the state of Washington; and
<br />(6) By the effective date of this Agreement, Supplier is maintaining a separate set of
<br />records that reflect all items of income and expenses of the services performed.
<br />C. Any and all employees of Supplier, while engaged in the performance of any Work, shall be
<br />considered employees of only Supplier and not employees of the City. Supplier shall be
<br />solely liable for any and all claims that may or might arise under the Worker's Compensation
<br />Act on behalf of such employees or Supplier, while so engaged and for any and all claims
<br />made by a third party as a consequence of any negligent act or omission on the part of
<br />Supplier's employees, while so engaged on any of the Work.
<br />D. Supplier shall comply with all applicable provisions of the Fair Labor Standards Act and other
<br />legislation affecting its employees and the rules and regulations issued thereunder insofar
<br />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 such act, and rules and
<br />regulations that are or may be promulgated in connection therewith.
<br />E. Supplier assumes full responsibility for the payment of all payroll taxes, use, sales, income,
<br />or other form of taxes (such as state and, city business and occupation taxes), fees, licenses,
<br />excises or payments required by any city, federal or state legislation which are now or may
<br />during the term of the Agreement be enacted as to all persons employed by Supplier and as
<br />to all duties, activities and requirements by Supplier in performance of the Work and Supplier
<br />shall assume exclusive liability therefor, and meet all requirements thereunder pursuant to
<br />any rules or regulations that are now or may be promulgated in connection therewith.
<br />14. Employment/Conflict of Interest. Supplier warrants that it has not employed or retained any
<br />company or person, other than a bona fide employee working solely for Supplier, to solicit or
<br />secure this Agreement and that it has not paid or agreed to pay any company or person, other
<br />than a bona fide employee working solely for Supplier, any fee, commission, percentage,
<br />brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or
<br />making of this Agreement. For breach or violation of this warranty, the City shall have the right to
<br />annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or
<br />consideration or otherwise recover, the full amount of such fee, commission, percentage,
<br />brokerage fee, gift, or contingent fee. Further, it is recognized that Supplier may or will be
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