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or arbitration award, irrespective of the type of relief sought or demanded (such as money <br /> or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury, <br /> damage to property, economic loss, general damages, special damages, or punitive <br /> damages); and (3) "Service Provider" includes Service Provider, its employees, agents, <br /> representatives and subcontractors. If, and to the extent, Service Provider employs or <br /> engages subcontractors, then Service Provider shall ensure that each such subcontractor <br /> (and subsequent tiers of subcontractors) shall expressly agree to defend and indemnify <br /> the City to the extent and on the same terms and conditions as Service Provider pursuant <br /> to this section. <br /> 9. Insurance. Service Provider shall procure and keep in force during the term of <br /> this Agreement, at Service Provider's own cost and expense, automobile liability <br /> insurance on all vehicles used by Service Provider in the performance of its duties <br /> under this Agreement. Proof of such insurance shall be provided to the City prior to <br /> performing any services hereunder. A statement certifying that no vehicle will be used <br /> in fulfilling this Agreement may be substituted for this insurance requirement. <br /> 10. Independent Contractor. <br /> A. This Agreement neither constitutes nor creates an employer-employee relationship. <br /> As an independent contractor, Service Provider shall be responsible for all obligations <br /> relating to federal income tax, self-employment FICA taxes and contributions, and all <br /> other so called employer taxes and contributions, including,but not limited to, industrial <br /> insurance(Workmen's Compensation). Service Provider agrees to indemnify, defend and <br /> hold the City harmless from any claims, valid or otherwise,made against the City <br /> because of these obligations. <br /> B. Any and all employees of Service Provider, while engaged in the performance of <br /> any Work, shall be considered employees of Service Provider only and not of the City, <br /> and any and all claims that may or might arise under the Worker's Compensation Act on <br /> behalf of said employees or Service Provider, while so engaged in any and all claims <br /> made by a third party as a consequence of any negligent act or omission on the part of <br /> Service Provider's employees,while so engaged on any of the Work, shall be the sole <br /> obligation and responsibility of Service Provider. <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 <br /> issued there under insofar as applicable to its employees and shall at all times save the <br /> City free,clear and harmless from all actions, claims, demands and expenses arising out <br /> of a violation by said Service Provider of said act, and rules and regulations that are or <br /> 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 <br /> taxes), fees, licenses, excises or payments required by any city, federal or state legislation <br /> which are now or may during the term of the Agreement be enacted as to all persons <br /> employed by Service Provider and as to all duties, activities and requirements by Service <br /> 14 <br />