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and with no obligation to do so,provide and maintain at the expense of Service Provider, such
<br /> types of insurance in the name of the Service Provider,and with such insurers,as the City may
<br /> deem proper, and may deduct the cost of providing and maintaining such insurance from any
<br /> sums which may be found or become due to Service Provider under this Agreement or may
<br /> demand Service Provider 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
<br /> not constitute nor create an employer-employee relationship, and since the Service Provider is an
<br /> independent contractor, Service Provider shall be responsible for all obligations relating to
<br /> federal income tax, self-employment FICA taxes and contributions, and all other so called
<br /> employer taxes and contributions, including, but not limited to, industrial insurance(Workmen's
<br /> Compensation), and that the Service Provider 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 Service Provider,while engaged in the performance
<br /> of any Work, shall be considered employees of only the Service Provider and not employees of
<br /> the City. The Service Provider shall be solely liable for any and all claims that may or might
<br /> arise under the Worker's Compensation Act on behalf of said employees or Service Provider,
<br /> while so engaged and for any and all claims made by a third party as a consequence of any
<br /> negligent act or omission on the part of the Service Provider's employees, while so engaged on
<br /> 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,
<br /> use, sales, income, or other form of taxes(such as state and, city business and occupation taxes),
<br /> fees, licenses, excises or payments required by any city,federal or state legislation which are now
<br /> or 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 /> other than a bona fide employee working solely for the Service Provider,any fee,commission,
<br /> percentage,brokerage fee, gifts,or any other consideration,contingent upon or resulting from the
<br /> award or making of this Agreement. For breach or violation of this warranty,the City shall have
<br /> the right to annul this Agreement without liability or,in its discretion,to deduct from the
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