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1�S <br /> A <br /> before commencing the performance of the Work. Service Provider shall provide the City with <br /> evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before <br /> any Work is commenced. <br /> G. In case of the breach of any provision of this section, the City may, at its option and <br /> with no obligation to do so, provide and maintain at the expense of Service Provider, such types <br /> of insurance in the name of the Service Provider, and with such insurers, as the City may deem <br /> proper, and may deduct the cost of providing and maintaining such insurance from any sums <br /> which may be found or become due to Service Provider under this Agreement or may demand <br /> Service Provider to promptly reimburse the City for such cost. <br /> 12. Independent Contractor. <br /> A. This Agreement neither constitutes nor creates an employer-employee relationship, and <br /> because the Service Provider is an independent contractor, Service Provider shall be responsible <br /> for all obligations relating to federal income tax, self-employment FICA taxes and contributions, <br /> and all other so called employer taxes and contributions, including, but not limited to, industrial <br /> insurance (Workmen's Compensation), and that the Service Provider agrees to indemnify, defend <br /> and hold the City harmless from any claims, valid or otherwise, made to the City, because of <br /> these obligations. <br /> B. Any and all employees of the Service Provider, while engaged in the performance of <br /> any Work, shall be considered employees of only the Service Provider and not employees of the <br /> City. The Service Provider shall be solely liable for any and all claims that may or might arise <br /> under the Worker's Compensation Act on behalf of said employees or Service Provider, while so <br /> engaged and for any and all claims made by a third party as a consequence of any negligent act or <br /> omission on the part of the Service Provider's employees, while so engaged on any of the Work <br /> C. Service Provider shall comply with all applicable provisions of the Fair Labor <br /> Standards Act and other legislation affecting its employees and the rules and regulations issued <br /> thereunder insofar as applicable to its employees and shall at all times save the City free, clear <br /> and harmless from all actions, claims, demands and expenses arising out of said act, and rules <br /> and regulations that are or may be promulgated in connection therewith. <br /> D. Service Provider assumes full responsibility for the payment of all payroll taxes, use, <br /> sales, 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 Service <br /> Provider and as to all duties, activities and requirements by the Service Provider in performance <br /> of the Work and Service Provider shall assume exclusive liability therefore, and meet all <br /> requirements thereunder pursuant to any rules or regulations that are now or may be promulgated <br /> in connection therewith. <br /> 13. Employment. The Service Provider warrants that he had not employed or retained any <br /> company or person, other than a bona fide employee working solely for the Service Provider, to <br /> solicit or secure this Agreement and that he has not paid or agreed to pay any company or person, <br /> Page 6 of 12 14 <br />