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LA515-1-723812.v3
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<br />V. INDEPENDENT CONTRACTOR.
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<br />All Services provided pursuant to this Agreement shall be provided by Contractor as an
<br />independent contractor and not as an employee of the City for any purpose. Any and all officers,
<br />employees, subcontractors, and agents of Contractor, or any other person engaged by Contractor
<br />in the performance of the Services pursuant to this Agreement, shall not be considered employees
<br />of the City. Any and all actions which arise as a consequence of any act or omission on the part
<br />of Contractor, its employees, subcontractors, or agents, or other persons engaged by Contractor in
<br />the performance of Services pursuant to this Agreement, shall not be the obligation or
<br />responsibility of the City. Contractor, its employees, subcontractors, or agents shall not be entitled
<br />to any of the rights, privileges, or benefits of the City’s employees, except as otherwise stated in
<br />this Agreement.
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<br />VI. INDEMNIFICATION.
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<br />Contractor, and subcontractors of Contractor, shall indemnify, defend, and hold harmless the
<br />City and its officials, employees, contractors and agents from claims, losses, liabilities, and expenses
<br />(including reasonable attorneys’ fees and expenses of litigation) caused by any negligent act or
<br />omission by Contractor, engaged by Contractor in the performance of the Services pursuant to this
<br />Agreement. Likewise, the City agrees that it will indemnify, defend, and hold harmless the
<br />Contractor, and its employees, subcontractors, and agents of Contractor against any and all claims,
<br />losses, liabilities, and expenses (including reasonable attorneys’ fees and expenses of litigation),
<br />which the Contractor may hereafter sustain, incur, or be required to pay arising out of the actions of
<br />the City pursuant to this Agreement.
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<br />VII. INSURANCE.
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<br />Contractor agrees to maintain, at its expense, statutory workers’ compensation insurance
<br />coverage. Contractor also agrees to maintain, at its expense, general liability insurance coverage
<br />insuring Contractor against claims for bodily injury, death, or property damage arising out of
<br />Contractor’s general business activities (including automobile use). The liability insurance policy
<br />shall provide coverage for each occurrence in the minimum amount of $1,500,000. Upon request of
<br />the City, Contractor shall provide the City with certificates of insurance, showing evidence of the
<br />required coverage and listing the City as an additional insured.
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<br />VIII. MISCELLANEOUS PROVISIONS.
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<br /> A. Entire Agreement.
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<br />This Agreement shall constitute the entire agreement between the City and Contractor and
<br />supersedes any other written or oral agreements between the City and Contractor. This Agreement
<br />can only be modified in writing signed by the City and Contractor.
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<br />B. Data Practices Act Compliance.
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