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l <br />C. 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. <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 <br />performed in accordance with this Agreement, by certifying to the following: <br />(1) Service Provider is free from control or direction over the performance of <br />the service; and <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 <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 <br />business of the 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 purposes; and <br />(4) On the effective date of this Agreement, Service Provider is responsible <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 <br />(5) By the effective date of this Agreement or within a _reasonable time <br />thereafter. Service Provider 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 state taxes <br />normally paid by employers and businesses and has registered for and received a unified <br />business identifier number from the state of Washington; and <br />(6) Bythe effective date of this Agreement, Service Provider is maintaining a <br />separate set of records that refect all items of income and expenses of the services performed. <br />C. Any and all employees of the Service Provider, while engaged in the perforzLnailce of arty. <br />Work, shall be considered employees of only the Service Provider and not employees of the <br />Pace 6 <br />U o: -ll ArgD'oved by CiLY_=poi ley's office jaiiu=ry / 2010, updated Jure 15, 2014) <br />7 <br />111 <br />