2009/04/01 Council Agenda Packet

G 13. Independent Contractor. A. This Agreement neither constitutes nor creates an employer-employee relationship. Artist shall provide all Work under this Agreement as an independent contractor. Artist shall comply with all federal and state laws and regulations applicable to independent contractors including, but not limited to,the requirements listed in this Section 13. Artist shall indemnify and defend the City from and against any claims, valid or otherwise, made against the City because of any Artist failure to comply with these obligations. B. In addition to the other requirements of this Section 13, if Artist is a sole proprietor, Artist agrees that Artist is not an employee or worker of the City under Chapter 51 of the Revised Code of Washington, Industrial Insurance for the Work, by certifying to the following: (1) Artist is free from control or direction over the performance of the Work; and (2) The Work performed is outside the usual course of business for the City, or will not be performed at any place of business of the City, or Artist is responsible for the costs of the principal place of business from which the Work is performed; and (3) Artist is customarily engaged in an independently established business of the same nature as the Work performed, or has a principal place of business for the Work performed that is eligible for a business deduction for federal income tax purposes; and (4) On the effective date of this Agreement, Artist is responsible for filing a schedule of expenses, for the next applicable filing period, with the internal revenue service for the type of Work performed; and (5) By the effective date of this Agreement or within a reasonable time thereafter, Artist has established an account with the Department of Revenue and other state agencies, where required, for the Work performed for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington; and (6) By the effective date of this Agreement, Artist is maintaining a separate set of records that reflect all items of income and expenses for the Work performed. C. Artist shall comply with all applicable provisions of the Fair Labor Standards Act and other legislation affecting her employees and the rules and regulations issued thereunder insofar as applicable to her employees and shall at all times save the City free, clear and harmless from all actions, claims, demands and expenses arising out of said act, and rules and regulations that are or may be promulgated in connection therewith. D. Artist assumes full responsibility for the payment of all payroll taxes, use, sales, income, or other form of taxes (such as state and, city business and occupation taxes), fees, licenses, excises or payments required by any city, federal or state legislation which are now or r r�