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<br /> of the Work. Contractor shall provide the City with evidence of Workers' Compensation Insurance (or
<br /> evidence of qualified self-insurance) before any Work is commenced.
<br /> G. In case of the breach of any provision of this section, the City may, at its option and with no
<br /> obligation to do so, provide and maintain at the expense of Contractor, such types of insurance in the
<br /> name of the Contractor, and with such insurers, as the City may deem proper, and may deduct the cost
<br /> of providing and maintaining such insurance from any sums which may be found or become due to
<br /> Contractor under this Agreement or may demand Contractor to promptly reimburse the City for such
<br /> cost.
<br /> 12. Independent Contractor.
<br /> A. It is further agreed by and between the parties that because this Agreement shall not
<br /> constitute nor create an employer-employee relationship, and since the Contractor is an independent
<br /> contractor, Contractor 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 contributions,
<br /> including, but not limited to, industrial insurance (Workmen's Compensation), and that the Contractor
<br /> agrees to indemnify, defend and hold the City harmless from any claims, valid or otherwise, made to
<br /> the City, because of these obligations.
<br /> B. Any and all employees of the Contractor, while engaged in the performance of any Work,
<br /> shall be considered employees of only the Contractor and not employees of the City. The Contractor
<br /> shall be solely liable for any and all claims that may or might arise under the Worker's Compensation
<br /> Act on behalf of said employees or Contractor, while so engaged and for any and all claims made by a
<br /> third party as a consequence of any negligent act or omission on the part of the Contractor's
<br /> employees, while so engaged on any of the Work
<br /> C. Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and
<br /> other legislation affecting its employees and the rules and regulations issued thereunder insofar as
<br /> applicable to its employees and shall at all times save the City free, clear and harmless from all actions,
<br /> claims, demands and expenses arising out of said act, and rules and regulations that are or may be
<br /> promulgated in connection therewith.
<br /> D. Contractor 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), fees, licenses,
<br /> excises or payments required by any city, federal or state legislation which are now or may during the
<br /> term of the Agreement be enacted as to all persons employed by the Contractor and as to all duties,,
<br /> activities and requirements by the Contractor in performance of the Work and Contractor shall assume
<br /> exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations
<br /> that are now or may be promulgated in connection therewith.
<br /> 13. Employment. The Contractor warrants that he had not employed or retained any company or
<br /> person, other than a bona fide employee working solely for the Contractor, to solicit or secure this
<br /> Agreement and that he has not paid or agreed to pay any company or person, other than a bona fide
<br /> employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or
<br /> any other consideration, contingent upon or resulting from the award or making of this Agreement. For
<br /> breach or violation of this warranty, the City shall have the right to annul this Agreement without
<br /> liability or, in its discretion, to deduct from the Agreement price or consideration or otherwise recover,
<br /> the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
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