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G.In case of the breach of any provision of this Section 11,the City may,at its option and with no <br /> obligation to do so,provide and maintain at the expense of Service Provider, such types of insurance in <br /> the name of the Service Provider,and with such insurers,as the City may deem proper,and may deduct <br /> the cost of providing and maintaining such insurance from any sums which may be found or become due <br /> to Service Provider under the Agreement or may demand Service Provider to promptly reimburse the <br /> City for such cost. <br /> 12. Independent Contractor. <br /> A. The Agreement neither constitutes nor creates an employer-employee relationship. Service Provider <br /> must provide services under the Agreement as an independent contractor. Service Provider must comply <br /> with all federal and state laws and regulations applicable to independent contractors including,but not <br /> limited to,the requirements listed in this Section 12. Service Provider agrees to indemnify and defend <br /> the City from and against any claims,valid or otherwise,made against the City because of these <br /> obligations. <br /> B.In addition to the other requirements of this Section 12,if Service Provider is a sole proprietor, <br /> Service Provider agrees that Service Provider is not an employee or worker of the City under Chapter 51 <br /> of the Revised Code of Washington,Industrial Insurance for the service performed in accordance with <br /> the Agreement,by certifying to the following: <br /> (1) Service Provider is free from control or direction over the performance of the service; and <br /> (2)The service performed is outside the usual course of business for the City, or will not be <br /> performed at any place of business of the City,or Service Provider is responsible for the costs of the <br /> principal place of business from which the service is performed; and <br /> (3) Service Provider is customarily engaged in an independently established business of the same <br /> nature as the service performed,or has a principal place of business for the service performed that is <br /> eligible for a business deduction for federal income tax purposes;and <br /> (4)On the effective date of the Agreement,Service Provider is responsible for filing a schedule <br /> of expenses,for the next applicable filing period,with the internal revenue revenue service for the type <br /> of service performed;and <br /> (5)By the effective date of the Agreement or within a reasonable time thereafter,Service <br /> Provider has established an account with the department of revenue and other state agencies,where <br /> required,for the service performed for the payment of all state taxes normally paid by employers and <br /> businesses and has registered for and received a unified business identifier number from the state of <br /> Washington;and <br /> (6)By the effective date of the Agreement,Service Provider is maintaining a separate set of <br /> records that reflect all items of income and expenses of the services performed. <br /> C. Any and all employees of the Service Provider,while engaged in the performance of any Work,shall <br /> be considered employees of only the Service Provider and not employees of the City. The Service <br /> Provider shall be solely liable for any and all claims that may or might arise under the for any and all <br /> claims that may or might arise under the Worker's Compensation Act on behalf of said employees <br /> General Conditions Page 5 <br /> Standard Document Approved 10.9.18/Office of City Attorney <br />