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2005/04/27 Council Agenda Packet
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2005/04/27 Council Agenda Packet
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Council Agenda Packet
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4/27/2005
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3 <br /> C. Certificate of Insurance Approved by City Attorney and filed with City Clerk. Prior to <br /> Contractor doing any Work pursuant to this agreement, Contractor shall provide the City with <br /> a certificate of insurance acceptable to the City Attorney naming the City as an additional <br /> insured on each of the insurance policies herein required. Said certificate shall thereafter be <br /> filed with the City Clerk. <br /> • <br /> 10. 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 <br /> independent contractor, Contractor shall be responsible for all obligations relating to federal <br /> income tax, self-employment FICA taxes and contributions, and all other so called employer <br /> taxes and contributions, including,but not limited to, industrial insurance(Workmen's <br /> Compensation), and that the Contractor agrees to indemnify, defend and hold the City <br /> harmless from any claims, valid or otherwise,made to the City,because of these obligations. <br /> B. Any and all employees of the Contractor,while engaged in the performance of any <br /> Work, shall be considered employees of the Contractor only and not of the City, and any and all <br /> claims that may or might arise under the Worker's Compensation Act on behalf of said <br /> employees or Contractor, while so engaged in any and all claims made by a third party as a <br /> consequence of any negligent act or omission on the part of the Contractor's employees,while so <br /> engaged on any of the Work, shall be the sole obligation and responsibility of the Contractor. <br /> C. Contractor 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 thereunder <br /> insofar as applicable to its employees and shall at all times save the City free, clear and harmless <br /> from all actions, claims, demands and expenses arising out of said act, and rules and regulations <br /> that are or may be 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, <br /> licenses, excises or payments required by any city, federal or state legislation which are now or <br /> may during the term of the Agreement be enacted as to all persons employed by the Contractor <br /> and as to all duties, activities and requirements by the Contractor in performance of the Work and <br /> Contractor shall assume exclusive liability therefore, and meet all requirements thereunder <br /> pursuant to any rules or regulations that are now or may be promulgated in connection therewith. <br /> 11. Employment.The Contractor warrants that it 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 <br /> this Agreement and that it has not paid or agreed to pay any company or person,other than a <br /> bona fide employee working solely for the Contractor, any fee, commission,percentage, <br /> brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or <br /> 6 <br /> 13 <br />
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