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found or become due to Artist under this Agreement or may demand Artist to promptly
<br /> reimburse the City for such cost.
<br /> 13. Independent Contractor.
<br /> A. It is further agreed by and between the parties that because this Agreement shall not
<br /> constitute nor create an employer-employee relationship, and since the Artist is an independent
<br /> contractor, Artist shall be responsible for all obligations relating to federal income tax, self-
<br /> employment FICA taxes and contributions, and all other so called employer taxes and
<br /> contributions, including, but not limited to, industrial insurance (Workmen's Compensation), and
<br /> that the Artist agrees to indemnify, defend and hold the City harmless from any claims, valid or
<br /> otherwise, made to the City, because of these obligations.
<br /> B. Any and all employees of the Artist, while engaged in the performance of any Work,
<br /> shall be considered employees of the Artist only and not of the City, and any and all claims that
<br /> may or might arise under the Worker's Compensation Act on behalf of said employees or Artist,
<br /> while so engaged in any and all claims made by a third party as a consequence of any negligent
<br /> act or omission on the part of the Artist's employees, while so engaged on any of the Work, shall
<br /> be the sole obligation and responsibility of the Artist.
<br /> C. Artist shall comply with all applicable provisions of the Fair Labor Standards Act and
<br /> other legislation affecting its employees and the rules and regulations issued thereunder insofar
<br /> as applicable to its employees and shall at all times save the City free, clear and harmless from
<br /> all actions, claims, demands and expenses arising out of said act, and rules and regulations that
<br /> are or may be promulgated in connection therewith.
<br /> D. Artist 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 Artist and as
<br /> to all duties, activities and requirements by the Artist in performance of the Work and Artist shall
<br /> assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules
<br /> or regulations that are now or may be promulgated in connection therewith.
<br /> 14. Employment. The Artist warrants that he had not employed or retained any company or
<br /> person, other than a bona fide employee working solely for the Artist, to solicit or secure this
<br /> Agreement and that he has not paid or agreed to pay any company or person, other than a bona
<br /> fide employee working solely for the Artist, any fee, conunission, 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.
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