|
<br />LA515\1\1085284.v1
<br />A. Independent Contractor.
<br />All services provided pursuant to this Agreement shall be provided by Contractor
<br />as an independent contractor and not as an employee of the City for any purpose.
<br />Any and all officers, employees, subcontractors, and agents of Contractor, or any
<br />other person engaged by Contractor in the performance of the services pursuant
<br />to this Agreement, shall not be considered employees of the City. Any and all
<br />actions which arise as a consequence of any act or omission on the part of
<br />Contractor, its employees, subcontractors, or agents, or other persons engaged by
<br />Contractor in the performance of services pursuant to this Agreement, shall not be
<br />the obligation or responsibility of the City. Contractor, its employees,
<br />subcontractors, or agents shall not be entitled to any of the rights, privileges, or
<br />benefits of the City’s employees, except as otherwise stated in this Agreement.
<br />B. Indemnification.
<br />Contractor, and subcontractors of Contractor, shall indemnify, defend, and hold
<br />harmless the City and its officials, employees, contractors and agents from claims,
<br />losses, liabilities, and expenses (including reasonable attorneys’ fees and expenses
<br />of litigation) caused by any negligent act or omission by Contractor, engaged by
<br />Contractor in the performance of the services pursuant to this Agreement.
<br />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
<br />and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees
<br />and expenses of litigation), which the Contractor may hereafter sustain, incur, or be
<br />required to pay arising out of the actions of the City pursuant to this Agreement.
<br />C. Insurance.
<br />Contractor agrees to maintain, at its expense, statutory workers’ compensation
<br />insurance coverage. Contractor also agrees to maintain, at its expense, general
<br />liability insurance coverage insuring Contractor against claims for bodily injury, death,
<br />or property damage arising out of Contractor’s general business activities (including
<br />automobile use). The liability insurance policy shall provide coverage for each
<br />occurrence in the minimum amount of $1,500,000. Upon request of the City,
<br />Contractor shall provide the City with certificates of insurance, showing evidence of
<br />the required coverage and listing the City as an additional insured.
<br />D. Entire Agreement.
<br />This Agreement shall constitute the entire agreement between the City and
<br />Contractor and supersedes any other written or oral agreements between the City
<br />and Contractor. This Agreement can only be modified in writing signed by the City
<br />and Contractor.
|