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<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 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 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(Workman'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 only the Contractor and not employees of the City. The Contractor shall be
<br /> solelyliable for any and all claims that may or might arise under the Worker's Compensation Act on
<br /> behalf of said employees or Contractor,while so engaged and for any and all claims made by a third party
<br /> as a consequence of any negligent act or omission on the part of the Contractor's employees,while so
<br /> engaged on any of the Work.
<br /> C. Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and other
<br /> legislation affecting its employees and shall at al times save the City free,clear and harmless from all
<br /> actions, 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, or
<br /> other form of taxes(such as state and, city business and occupation taxes), fees, licenses,excises or
<br /> payments required by an y 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 /> liability therefore,and meet all requirements thereunder pursuant to any rules or regulations that are now
<br /> or may be promulgated in connection therewith.
<br /> 13. Employment.
<br /> A. The Contractor warrants that he had not employed or retained any company or person, other
<br /> than a bona fide employee working solely for the Contractor,to solicit or secure this Agreement and that
<br /> he has not paid or agreed to pay any company or person, other than a bona fide employee working solely
<br /> for the Contractor,any fee,commission,percentage, brokerage fee, gifts, or any other consideration,
<br /> contingent upon or resulting from the award or making of this Agreement. For breach or violation of this
<br /> warranty,the City shall have the right to annul this Agreement without liability or, in its discretion,to
<br /> deduct from the Agreement price or consideration or otherwise recover,the full amount of such fee,
<br /> commission, percentage,brokerage fee,gift,or contingent fee.
<br /> B. The Contractor shall not engage, on a full or part-time basis, or other basis,during the period of
<br /> the Agreement, any professional or technical personnel who are,or have been at any time during the
<br /> period of this Agreement, in the employ of the United States Department of Transportation,the State of
<br /> Washington, or City,except regularly retired employees,without written consent of the public employer
<br /> of such person.
<br /> INCA Engineers,Inc
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