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<br /> G. In case of the breach of any provision of this section, the City may, at its option and with
<br /> ----� -- .-na-ohlggation-to-do-so;provide-and-maintain-at-the-expense-o errice Provider;such types-of ----------.
<br /> 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.
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<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 /> •
<br /> these obligations.
<br /> B. Any and all employees of the Service Provider, while engaged in the performance of any
<br /> 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
<br /> •
<br /> or omission on the part of the Service Provider's employees, while so engaged on any of the
<br /> Work
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<br /> C. Service Provider 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. 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
<br /> person, other than a bona fide employee working solely for the Service Provider, any fee,
<br /> commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or
<br /> resulting from the award or making of this Agreement..For breach or violation of this warranty,
<br /> the City shall have-the right to annul this Agreement without liability or, in its discretion, to
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