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<br /> 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. hi 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 of
<br /> 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 constitute
<br /> nor create an employer-employee relationship, and since the Contractor is an independent contractor,
<br /> Contractor shall be responsible for all obligations relating to federal income tax, self-employment FICA
<br /> taxes and contributions, and all other so called employer taxes and contributions, including, but not
<br /> limited to, industrial insurance (Workmen's Compensation), and that the Contractor agrees to indemnify,
<br /> defend and hold the City harmless from any claims,valid or otherwise,made to the City,because of these
<br /> obligations.
<br /> B. Any and all employees of the Contractor,while engaged in the performance of any Work, shall
<br /> be considered employees of the Contractor only and not of the City, and any and all claims that may or
<br /> might arise under the Worker's Compensation Act on behalf of said employees or Contractor, while so
<br /> engaged in any and all claims made by a third party as a consequence of any negligent act or omission on
<br /> the part of the Contractor's employees, while so engaged on any of the Work, shall be the sole obligation
<br /> and responsibility of the Contractor.
<br /> C. Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and
<br /> other legislation a-Meting- 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,.income,. coe,
<br /> or other form of taxes (such as state and, city business and occupation taxes), fees, licenses, excises or
<br /> payments required by any city federal or state legislation which are now or may during the term of the
<br /> Agreement be enacted as to all persons employed by the Contractor and as to all duties, activities and
<br /> requirements by the Contractor in performance of the Work and Contractor shall assume exclusive
<br /> iiabil ty_therefore1_and meetall requirements thereunder pursuant to any rules or regulations that are now
<br /> or may be promulgated in connection therewith.
<br /> 13. Employment. The Contractor warrants that he had not employed_or.refained-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 any
<br /> 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 liability
<br /> or in its discretion, to deduct from the-Agreement price or consideration orotherwise recover, the full
<br /> amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee.
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