06/25/2001 Council Packet - Laserfiche WebLink

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• • 6. INDEPENDENT CONTRACTOR STATUS Contractors is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. Contractor acknowledges and agrees that Contractor is not entitled to receive any of the benefits received by City employees and is not eligible for workers' or unemployment compensation benefits. Contractor also acknowledges and agrees that no withholding or deduction for State or Federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due Contractor and that it is Contractor's sole obligation to comply with the applicable provisions of all Federal and State tax laws. 7. INDEMNIFICATION Any and all claims that arise or may arise on behalf of the Contractor, its agents, servants or employees as a consequence of any act or omission on the part of Contractor or its agents, servants, employees while engaged in the performance of the Contract shall in no way be the obligation or responsibility of the City. Contractor shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims and actions, including attorneys' fees which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of Contractor, its agents, servants, or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. 8. INSURANCE 8.1 General Terms. In order to protect itself and to protect the City under the indemnity provisions set forth above, Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy of insurance shall contain a clause providing that such policy shall not be canceled by the issuing company without at least ten (10) days written notice to the City of intent to cancel. 8.2 Coverage. The policies of insurance to be obtained by Contractor 41 pursuant to this section shall be purchased from a licensed carrier 4