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<br /> Independent Contractor. This Agreement shall not constitute nor create an employer-employee
<br /> relationship, and because the Contractor is an independent Contractor, Contractor shall be responsible for
<br /> all obligations relating to federal income tax, self-employment FICA taxes and contributions, and all other
<br /> so called employer 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 from any
<br /> claims,valid or otherwise,made to the City, because of these obligations.
<br /> Any and all employees of the Contractor, while engaged in the performance of this Agreement, shall be
<br /> considered employees of the Contractor only and not of the City,and any and all claims that may or might
<br /> arise under the Worker's Compensation Act on behalf of said employees or Contractor, while so engaged
<br /> in any and all claims made by a third party as a consequence of any negligent act or omission on the part
<br /> of the Contractor's employees, while so engaged in performance of this Agreement, shall be the sole
<br /> obligation and responsibility of the Contractor.
<br /> Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and other legislation
<br /> affecting its employees and the rules and regulations issued there under insofar as applicable to its
<br /> employees and shall at all times save the City free, clear and harmless from all actions, claims, demands
<br /> and expenses arising out of said act,and rules and regulations that are or may be promulgated in connection
<br /> therewith.
<br /> Contractor assumes full responsibility for the payment of all payroll taxes,use,sales,income,or other form
<br /> of taxes(such as state and,city business and occupation taxes),fees,licenses,excises or payments required
<br /> by any city, federal or state legislation which are now or may during the term of the Agreement be enacted
<br /> as to all persons employed by the Contractor and as to all duties, activities and requirements by the
<br /> Contractor in performance of this Agreement and Contractor shall assume exclusive liability therefore,and
<br /> meet all requirements there under pursuant to any rules or regulations that are now or may be promulgated
<br /> in connection therewith.
<br /> The Contractor warrants that it had not employed or retained any company or person,other than a bona fide
<br /> employee working solely for the Contractor,to solicit or secure this Agreement and that it has not paid or
<br /> agreed to pay any company or person, other than a bona fide employee working solely for the Contractor,
<br /> any fee, 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, the City
<br /> shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the
<br /> Agreement price or consideration or otherwise recover the full amount of such fee,commission,percentage,
<br /> brokerage fee,gift, or contingent fee.
<br /> Audits and Inspections. At any time during normal business hours and as often as the City may deem
<br /> necessary,the Contractor shall make available to the City for the City's examination all of the Contractor's
<br /> books,records and documents with respect to all matters covered by this Agreement and, furthermore,the
<br /> Contractor will permit the City to audit,examine and make copies,excerpts or transcripts from such records,
<br /> and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of
<br /> employment and other data relating to all matters covered by this Agreement.
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