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9 <br /> E. Contractor certifies that it is aware of the provisions of Title 51 of the Revised Code of <br /> Washington that requires every employer to be insured against liability of Workers' Compensation, or <br /> to undertake self-insurance in accordance with the provisions of that Title. Contractor shall comply <br /> with the provisions of Title 51 of the Revised Code of Washington before commencing the <br /> performance of the Work. Contractor shall provide the City with evidence of Workers' Compensation <br /> Insurance (or evidence of qualified self-insurance) before any Work is commenced. <br /> F. In case of the breach of any provision of this section, the City may, at its option and with no <br /> obligation to do so, provide and maintain at the expense of Contractor, such types of insurance in the <br /> name of the Contractor, and with such insurers, as the City may deem proper, and may deduct the cost <br /> of providing and maintaining such insurance from any sums which may be found or become due to <br /> Contractor under this Agreement or may demand Contractor to promptly reimburse the City for such <br /> cost. <br /> 12. Independent Contractor. <br /> A. It is further agreed by and between the parties that because this Agreement shall not <br /> constitute nor create an employer-employee relationship, and since the Contractor is an independent <br /> contractor, Contractor shall be responsible for all obligations relating to federal income tax, self- <br /> employment FICA taxes and contributions, and all other so called employer taxes and contributions, <br /> including, but not limited to, industrial insurance (Workmen's Compensation), and that the Contractor <br /> agrees to indemnify, defend and hold the City harmless from any claims, valid or otherwise, made to <br /> the City, because of these obligations. <br /> B. Any and all employees of the Contractor, while engaged in the performance of any Work, <br /> shall be considered employees of only the Contractor and not employees of the City. The Contractor <br /> shall be solely liable for any and all claims that may or might arise under the Worker's Compensation <br /> Act on behalf of said employees or Contractor, while so engaged and for any and all claims made by a <br /> third party as a consequence of any negligent act or omission on the part of the Contractor's <br /> employees, while so engaged on any of the Work <br /> C. Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and <br /> other legislation affecting its employees and the rules and regulations issued thereunder insofar as <br /> applicable to its employees and shall at all times save the City free, clear and harmless from all actions, <br /> claims, demands and expenses arising out of said act, and rules and regulations that are or may be <br /> promulgated in connection therewith. <br /> D. Contractor 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, licenses, <br /> excises or payments required by any city, federal or state legislation which are now or may during the <br /> term of the Agreement be enacted as to all persons employed by the Contractor and as to all duties, <br /> activities and requirements by the Contractor in performance of the Work and Contractor shall assume <br /> exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations <br /> that are now or may be promulgated in connection therewith. <br /> 13. Employment. The Contractor warrants that he had not employed or retained any company or <br /> person, other than a bona fide employee working solely for the Contractor, to solicit or secure this <br /> Agreement and that he has not paid or agreed to pay any company or person, other than a bona fide <br /> 5 4 3 <br />