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8. Insurance. Contractor shall procure and keep in force during the term of this Agreement,at
<br /> Contractor's own cost and expense,automobile Iiability insurance on all vehicles used by Contractor in
<br /> the performance of its duties under this Agreement. Proof of such insurance shall be provided to the City
<br /> prior to performing any services hereunder. A statement certifying that no vehicle will be used in
<br /> fulfilling this Agreement may be substituted for this insurance requirement.
<br /> 9. Independent Contractor.
<br /> A. It is further agreed by and between the parties that because this Agreement shall not constitute
<br /> nor create an employer-employee relationship,and since the Contractor is an independent contractor,
<br /> Contractor shall be responsible for all obligations relating to federal income tax,self-employment FICA
<br /> taxes and contributions,and all other so called employer taxes and contributions, including,but not
<br /> limited to. industrial insurance(Workmen's Compensation),and that the Contractor agrees to indemnify.
<br /> defend and hold the City harmless from any claims,valid or otherwise,made to the City, because of these
<br /> obligations.
<br /> B. Any and all employees of the Contractor,while engaged in the performance of any Work,shall
<br /> be considered employees of the Contractor only and not of the City,and any and all claims that may or
<br /> might arise under the Worker's Compensation Act on behalf of said employees or Contractor,while so
<br /> engaged in any and all claims made by a third party as a consequence of any negligent act or omission on
<br /> the part of the Contractor's employees,while so engaged on any of the Work,shall be the sole obligation
<br /> and responsibility of the Contractor.
<br /> C. Contractor 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 as
<br /> applicable to its employees and shall at all times save the City free,clear and harmless from all actions,
<br /> claims,demands and expenses arising out of said act,and rules and regulations that are or may be
<br /> promulgated in connection therewith.
<br /> D. Contractor assumes full responsibility for the payment of all payroll taxes,use,sales, income.
<br /> or other form of taxes(such as state and,city business and occupation taxes), fees, licenses,excises or
<br /> payments required by any city,federal or state legislation which are now or may during the term of the
<br /> Agreement be enacted as to all persons employed by the Contractor and as to ail duties,activities and
<br /> requirements by the Contractor in performance of the Work and Contractor shall assume exclusive
<br /> liability therefore,and meet all requirements thereunder pursuant to any rules or regulations that are now
<br /> or may be promulgated in connection therewith.
<br /> 10. Employment.The Contractor warrants that it had 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 Agreement
<br /> and that it has not paid or agreed to pay any company or person,other than a bona fide employee working
<br /> solely for the Contractor,any fee,commission,percentage,brokerage fee,gifts,or any other
<br /> consideration,contingent upon or resulting from the award or making of this Agreement_ For breach or
<br /> violation of this warranty,the City shall have the right to annul this Agreement without liability or, in its
<br /> discretion,to deduct from the Agreement price or consideration or otherwise recover,the full amount of
<br /> such fee,commission, percentage, brokerage fee,gift,or contingent fee_
<br /> 1 I. Audits and Inspections. At any time during normal business hours and as often as the City may
<br /> deem necessary,the Contractor shall make available to the City for the City's examination all of the
<br /> Contractor's records and documents with respect to all matters covered by this Agreement and,
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