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9. Insurance. The Grant Recipient shall procure and keep in force during the term of this <br /> Agreement, at Grant Recipient's own cost and expense, automobile liability insurance on <br /> all vehicles used by Grant Recipient in the performance of this Agreement. Proof of such <br /> insurance shall be provided to the City prior to performing any Work hereunder. A <br /> statement certifying that no vehicle will be used in fulfilling this Agreement may be <br /> substituted for this insurance requirement. <br /> 10. Independent Contractor. <br /> A. This Agreement neither constitutes nor creates an employer-employee relationship. <br /> Grant Recipient must provide service under this Agreement as an independent <br /> contractor. Grant Recipient must comply with all federal and state laws and <br /> regulations applicable to independent contractors including,but not limited to, the <br /> requirements listed in this Section 10.The Grant Recipient agrees to indemnify and <br /> defend the City from and against any claims, valid or otherwise, made against the <br /> City because of these obligations. <br /> B. In addition to the other requirements of this Section 10, if the Grant Recipient is a <br /> sole proprietor, the Grant Recipient agrees that the Grant Recipient is not an <br /> employee or worker of the City under Chapter 51 of the Revised Code of <br /> Washington, Industrial Insurance, for the Work performed in accordance with this <br /> Agreement,by certifying to the following: <br /> (1) The Grant Recipient is free from control or direction over the performance <br /> of the Work; and <br /> (2) The Work performed is outside the usual course of business for the City or <br /> will not be performed at any place of business of the City, or Grant Recipient is <br /> responsible for the costs of the principal place of business from which the Work is <br /> performed; and <br /> (3) The Grant Recipient is customarily engaged in an independently established <br /> business of the same nature as the Work performed, or has a principal place of <br /> business for the Work performed that is eligible for a business deduction for federal <br /> income tax purposes; and <br /> (4) On the effective date of this Agreement,the Grant Recipient is responsible <br /> for filing a schedule of expenses, for the next applicable filing period, with the <br /> Internal Revenue Service from the type of service performed; and <br /> (5) By the effective date of this Agreement or within a reasonable time <br /> thereafter, the Grant Recipient has established an account with the Department of <br /> Revenue and other state agencies, where required, for the Work performed for the <br /> Page 4 of 7 <br />