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<br /> <br />HOTEL-MOTEL TAX FUND AGREEMENT <br />WITH THE CITY OF EVERETT Page 3 of 13 <br />b. Overhead and Expenses. No claims for reimbursement of overhead or <br />expenses will be allowed under this Agreement. <br /> <br />c. Invoices. Upon completion of Contractor’s eligible expenses for the <br />Project, the Contractor shall submit a properly executed invoice to the County indicating the <br />amount of eligible expenses for reimbursement. The invoice shall include an itemization of all <br />reimbursable expenses incurred by the Contractor, together with reasonable documentation <br />substantiating such expenses, all in accordance with this Section 3 and Schedule A. Subject to <br />Section 8 of this Agreement, the County will pay the invoice within thirty (30) calendar days of <br />receipt. <br /> <br />d. Contract Maximum. Total reimbursable expenses under this Agreement, <br />all fees and expenses included, shall not exceed $5,625.00. <br /> <br />4. Independent Contractor. The Contractor agrees that it is not an agent, employee, <br />or servant of the County. This Agreement neither constitutes nor creates an employer -employee <br />relationship. The parties agree that the Contractor is not entitled to any benefits or rights enjoyed <br />by employees of the County. The Contractor specifically has the right to direct and control <br />Contractor’s own activities in accordance with the specifications set out in this Agreement. The <br />County shall only have the right to ensure performance. Nothing in this Agreement shall be <br />construed to render the parties partners or joint ventures. <br /> <br />The Contractor shall furnish, employ and have exclusive control of all persons to be <br />engaged in performing the Contractor’s obligations under this Agreement (the “Contractor <br />personnel”), and shall prescribe and control the means and methods of performing such obligations <br />by providing adequate and proper supervision. Such Contractor personnel shall for all purposes <br />be solely the employees or agents of the Contractor and shall not be deemed to be employees or <br />agents of the County for any purposes whatsoever. With respect to Contractor personnel, the <br />Contractor shall be solely responsible for compliance with all rules, laws and regulations relating <br />to employment of labor, hours of labor, working conditions, payment of wages and payment of <br />taxes, including applicable contributions from Contractor personnel when required by law. <br /> <br />Because it is an independent contractor, the Contractor shall be responsible for all <br />obligations relating to federal income tax, self-employment or FICA taxes and contributions, and <br />all other so-called employer taxes and contributions including, but not limited to, industrial <br />insurance (workers’ compensation). The Contractor agrees to indemnify, defend and hold the <br />County harmless from any and all claims, valid or otherwise, made to the County because of these <br />obligations. <br /> <br />The Contractor assumes full responsibility for the payment of all payroll taxes, use, sales, <br />income, or other form of taxes, fees, licenses, excises or payments required by any city, county, <br />federal or state legislation which are now or may during the term of the Agreement be enacted as <br />to all persons employed by the Contractor and as to all duties, activities and requirements by the <br />Contractor in completion of the Project under this Agreement. The Contractor shall assume <br />exclusive liability therefor, and shall meet all requirements thereunder, pursuant to any rules or <br />regulations that are now or may be promulgated in connection therewith.