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3 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 harmless
<br /> 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 only the Contractor and not employees of the City. The
<br /> Contractor shall be solely liable for any and all claims that may or might arise under the Worker's
<br /> Compensation Act on behalf of said employees or Contractor, while so engaged and for any and
<br /> all claims made by a third party as a consequence of any negligent act or omission on the part of
<br /> the Contractor's employees,while so engaged on any of the Work.
<br /> C. Contractor shall comply with all applicable provisions of the Fair Labor Standards
<br /> Act 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 or may be promulgated in connection therewith.
<br /> 13. Employment.
<br /> A. The Contractor warrants that it has not employed or retained any company or person,
<br /> other than a bona fide employee working solely for the Contractor, to solicit or secure this
<br /> Agreement and that it has not paid or agreed to pay any company or person, other than a bona
<br /> fide employee working solely for the Contractor,any fee,commission,percentage,brokerage fee,
<br /> gifts, or any other consideration, contingent upon or resulting from the award or making of this
<br /> Agreement. For breach or violation of this warranty, the City shall have the right to annul this
<br /> Agreement without liability or, in its discretion, to deduct from the Agreement price or
<br /> consideration or otherwise recover, the full amount of such fee, commission, percentage,
<br /> 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
<br /> period of the Agreement, any professional or technical personnel who are, or have been at any
<br /> time during the period of this Agreement, in the employ of the United States Department of
<br /> Transportation, the State of Washington, or City, except regularly retired employees, without
<br /> written consent of the public employer of such person.
<br /> 14. Non-Discrimination.
<br /> A. The Contractor agrees not to discriminate,directly or indirectly, against any client,
<br /> employee or applicant for employment or for services because of race,creed,color,national
<br /> origin,marital status,sex,age or handicap except for a bona fide occupational qualification with
<br /> regard to,but not limited to the following: employment upgrading,demotion or transfer,
<br /> recruitment or any recruitment advertising,a layoff or terminations,rates of pay or other forms of
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