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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) Not Used <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) By the effective date of this Agreement, Service Provider is maintaining a <br /> separate set of records that reflect all items of income and expenses of the services performed. <br /> 13. Employment. The Service Provider warrants that he had not employed or retained any <br /> company or person, other than a bona fide employee working solely for the Service Provider, to <br /> solicit or secure this Agreement and that he has not paid or agreed to pay any company or <br /> person, other than a bona fide employee working solely for the Service Provider, any fee, <br /> commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or <br /> resulting from the award or making of this Agreement. For breach or violation of this warranty, <br /> the City shall have the right to annul this Agreement without liability or, in its discretion, to <br /> deduct from the Agreement price or consideration or otherwise recover, the full amount of such <br /> fee, commission,percentage, brokerage fee, gift, or contingent fee. <br /> 14. Not Used <br /> 15. Not Used. <br /> 16. State of Washington Requirements. Service Provider agrees to register and obtain any <br /> State of Washington business licenses, Department of Revenue account and/or unified business <br /> Page 4 <br /> (Form Approved by City Attorney's Office January 7,2010,updated November 21,2016) <br />