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<br /> Page 13 of 42 FINAL 2/21/25 Agreement No. 2025-02 <br />G-160 Agents <br />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.