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days prior written notice to the City. Certificates of coverage as required by this section <br />shall be delivered to the City within fifteen (15) days of execution of this Agreement. <br />9. Independent Contractor. The Consultant and the City agree that the Consultant is an <br />independent contractor with respect to the services provided pursuant to this Agreement. <br />Nothing in this Agreement shall be considered to create the relationship of employer and <br />employee between the parties hereto. Neither the Consultant nor any employee of the <br />Consultant shall be entitled to any benefits accorded City employees by virtue of the <br />services provided under this Agreement. The City shall not be responsible for withholding <br />or otherwise deducting federal income tax or social security or for contributing to the state <br />industrial insurance program, otherwise assuming the duties of an employer with respect to <br />the Consultant, or any employee of the Consultant. <br />10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed <br />or retained any company or person, other than a bonafide employee working solely for the <br />Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any <br />company or person, other than a bonafide employee working solely for the Consultant, any <br />fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent <br />upon or resulting from the award or making of this contract. For breach or violation of <br />this warrant, the City shall have the right to annul this contract without liability, or in its <br />discretion to deduct from the contract price or consideration, or otherwise recover, the full <br />amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. <br />11. Discrimination Prohibited. The Consultant, with regard to the work performed by it <br />under this Agreement, will not discriminate on the grounds of race, color, national origin, <br />religion, creed, age, sex or the presence of any physical or sensory handicap in the <br />selection and retention of employees or procurement of materials or supplies. <br />12. Assignment. The Consultant shall not sublet or assign any of the services covered by this <br />Agreement without the express written consent of the City. <br />13. Non Waiver. Waiver by the City of any provision of this Agreement or any time <br />limitation provided for in this Agreement shall not constitute a waiver of any other <br />provision. <br />14. Termination. <br />A. The City reserves the right to terminate this Agreement at any time by giving ten (10) <br />days written notice to the Consultant. In the case of early termination, the Consultant <br />shall be entitled to compensation for all work performed up to the termination <br />effective date, and the City shall promptly process payment within its next normal <br />accounts payable processing cycle. <br />Tukwila Pond Park Development Design <br />Robert W. Droll, Landscape Architect, P.S. <br />Landscape Architecture Services <br />Page 3 of 5 <br />