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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 <br />evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before <br />any Work is commenced. <br />G. In case of the breach of any provision of this section, 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, and <br />because the Service Provider is an independent contractor, Service Provider shall be responsible <br />for all obligations relating to federal income tax, self-employment FICA taxes and contributions, <br />and all other so called employer taxes and contributions, including, but not limited to, industrial <br />insurance (Workmen's Compensation), and that the Service Provider agrees to indemnify, defend <br />and hold the City harmless from any claims, valid or otherwise, made to the City, because of <br />these obligations. <br />B. Any and all employees of the Service Provider, while engaged in the performance of <br />any Work, shall be considered employees of only the Service Provider and not employees of the <br />City. The Service Provider shall be solely liable for any and all claims that may or might arise <br />under the Worker's Compensation Act on behalf of said 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 act or <br />omission on the part of the Service Provider's employees, while so engaged on any of the Work <br />C. Service Provider shall comply with all applicable provisions of the Fair Labor <br />Standards Act and other legislation affecting its employees and the rules and regulations issued <br />thereunder insofar as applicable to its employees and shall at all times save the City free, clear <br />and harmless from all actions, claims, demands and expenses arising out of said act, and rules <br />and regulations that are or may be promulgated in connection therewith. <br />D. Service Provider assumes full responsibility for the payment of all payroll taxes, use, <br />sales, 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 or <br />may during the term of the Agreement be enacted as to all persons employed by the Service <br />Provider and as to all duties, activities and requirements by the Service Provider in performance <br />of the Work and Service Provider shall assume exclusive liability therefore, and meet all <br />requirements thereunder pursuant to any rules or regulations that are now or may be promulgated <br />in connection therewith. <br />Page 6of12 68 <br />