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a. The Contract Administrator will administer the Contract on behalf of the City. The <br /> Public Works Director will notify the Purchaser in writing who is responsible for <br /> administering the Contract. No agent, employee, or representative of the City, <br /> including the Contract Administrator, has any authority to bind the City to any <br /> affirmation, representation or warranty concerning the Forest Products conveyed <br /> beyond the terms of this Contract. <br /> b. Purchaser is required to have a person on site during all operations that is authorized <br /> to receive instructions and notices from the City. Purchaser shall inform the City in <br /> writing who is authorized to receive instructions and notices from the City, and any <br /> limits to this person's authority. <br /> G-161 Independent Contractor <br /> a. The parties agree that this Contract shall not constitute nor create an employer- <br /> employee relationship, and since the Purchaser is an independent Contractor, <br /> Purchaser shall be responsible for all obligations relating to federal income tax, self- <br /> employment FICA taxes and contributions,and all other so called employer taxes and <br /> contributions, including, but not limited to, industrial insurance (Workmen's <br /> Compensation), and that the Purchaser agrees to indemnify, defend and hold the City <br /> harmless from any claims, valid or otherwise, made to the City, because of these <br /> obligations. <br /> b. While engaged in the performance of this Contract, any and all employees of the <br /> Purchaser shall be considered employees of only the Purchaser and not employees of <br /> the City. The Purchaser shall be solely liable for any and all claims that may or might <br /> on behalf of said employees or Purchaser,while so engaged and for any and all claims <br /> made by a third party as a consequence of any negligent act or omission on the part <br /> of the Purchaser's employees,while so engaged on any of the Work. <br /> c. Purchaser shall comply with all applicable provisions of the Fair Labor Standards Act <br /> and other legislation affecting its employees and the rules and regulations issued <br /> thereunder insofar as applicable to its employees and shall at all times save the City <br /> free, clear and harmless from all actions, claims, demands and expenses arising out <br /> of said act, and rules and regulations that are or may be promulgated in connection <br /> therewith. <br /> d. Purchaser assumes full responsibility for the payment of all payroll taxes, use, sales, <br /> income, or other form of taxes(such as state and,city business and occupation taxes), <br /> fees, licenses, excises or payments required by any city, federal or state legislation <br /> which are now or may during the term of the Contract be enacted as to all persons <br /> employed by the Purchaser and as to all duties, activities and requirements by the <br /> Purchaser in performance of the Work and Purchaser shall assume exclusive liability <br /> therefore, and meet all requirements thereunder pursuant to any rules or regulations <br /> that are now or may be promulgated in connection therewith. <br /> Page 13 of 34 <br /> 4/15/21 Agreement No.2021-01 <br />