|
•
<br /> Compensation), and that the Contractor agrees to indemnify, defend and hold the City harmless from any
<br /> claims, valid or otherwise, made to the City, because of these obligations.
<br /> Any and all employees of the Contractor, while engaged in the performance of this Agreement, shall be
<br /> considered employees of the Contractor only and not of the City, and any and all claims that may or might
<br /> arise under the Worker's Compensation Act on behalf of said employees or Contractor, while so engaged
<br /> in any and all claims made by a third party as a consequence of any negligent act or omission on the part
<br /> of the Contractor's employees, while so engaged in performance of this Agreement, shall be the sole
<br /> obligation and responsibility of the Contractor.
<br /> Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and other
<br /> legislation affecting its employees and the rules and regulations issued there under insofar as applicable to
<br /> its employees and shall at all times save the City free, clear and harmless from all actions, claims,
<br /> demands and expenses arising out of said act, and rules and regulations that are or may be promulgated in
<br /> connection therewith.
<br /> Contractor assumes full responsibility for the payment of all payroll taxes, use, sales, income, or other
<br /> form of taxes (such as state and, city business and occupation taxes), fees, licenses, excises or payments
<br /> required by any city, federal or state legislation which are now or may during the term of the Agreement
<br /> be enacted as to all persons employed by the Contractor and as to all duties, activities and requirements
<br /> by the Contractor in performance of this Agreement and Contractor shall assume exclusive liability
<br /> therefore, and meet all requirements there under pursuant to any rules or regulations that are now or may
<br /> be promulgated in connection therewith.
<br /> The Contractor warrants that it had not employed or retained any company or person, other than a bona
<br /> fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not
<br /> paid or agreed to pay any company or person, other than a bona fide employee working solely for the
<br /> Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent
<br /> upon or resulting from the award or making of this Agreement. For breach or violation of this warranty,
<br /> the City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from
<br /> the Agreement price or consideration or otherwise recover the full amount of such fee, commission,
<br /> percentage, brokerage fee, gift, or contingent fee.
<br /> Audits and Inspections. At any time during normal business hours and as often as the City may deem
<br /> necessary, the Contractor shall make available to the City for the City's examination all of the
<br /> Contractor's books, records and documents with respect to all matters covered by this Agreement and,
<br /> furthermore,the Contractor will permit the City to audit,examine and make copies,excerpts or transcripts
<br /> from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel,
<br /> conditions of employment and other data relating to all matters covered by this Agreement.
<br /> Compliance with Federal, State and Local Laws. Contractor shall comply with and obey all federal,
<br /> state and local laws, regulations, and ordinances applicable to the operation of its business and to its
<br /> performance of work hereunder.
<br /> Waiver. Any waiver by the Contractor or the City or the breach of any provision of this Agreement by
<br /> the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or
<br /> prevent either party from thereafter enforcing any such provisions.
<br /> 3
<br />
|