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I <br /> E <br /> 4 <br /> t <br /> #i <br /> I <br /> F. Service Provider certifies that it is aware of the provisions of Title 51 of the Revised ! <br /> 1 Code of Washington that requires every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> Service Provider shall comply with the provisions of Title 51 of the Revised Code of Washington <br /> before commencing the performance of the Work. Service Provider shall provide the City with fi <br /> evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before a <br /> any Work is commenced. a <br /> i <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 <br /> which may be found or become due to Service Provider under this Agreement or may demand <br /> Service Provider to promptly reimburse the City for such cost. <br /> 12. 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 12. <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. R <br /> B. In addition to the other requirements of this Section 12, if Service Provider is a sole <br /> proprietor, Service Provider agrees that Service Provider is not an employee or worker of the <br /> City under Chapter 51 of the Revised Code of Washington, Industrial Insurance for the service a <br /> performed in accordance with this Agreement,by certifying to the following: t <br /> (1) Service Provider is free from control or direction over the performance of i <br /> the service;and ' <br /> I <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 1 <br /> for the costs of the principal place of business from which the service is performed; and <br /> (3) Service Provider is customarily engaged in an independently established l <br /> business of the same nature as the service performed, or has a principal place of business for the p <br /> service performed that is eligible for a business deduction for federal income tax purposes; and <br /> (4) On the effective date of this Agreement, Service Provider is responsible 1 <br /> for filing a schedule of expenses, for the next applicable filing period, with the internal revenue , <br /> service for the type of service performed;and 1 <br /> l <br /> i <br /> (5) By the effective date of this Agreement or within a reasonable time I <br /> thereafter, Service Provider has established an account with the department of revenue and other <br /> i <br /> i <br /> Page 6 <br /> (Form Approved by City Attorney's Office January 7,2010,updated June 15,2014) 1 <br /> 1 <br />