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2018.09.17 CC Packet
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2018.09.17 CC Packet
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City Council
Document Type
Agenda/Packets
Meeting Date
9/17/2018
Meeting Type
Regular
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6. INDEPENDENT CONTRACTOR STATUS. <br />The Contractor is an independent contractor and nothing herein contained <br />shall be construed as to create the relationship of employer and employee <br />between the City and the Contractor. The Contractor shall at all times <br />be free to exercise initiative, judgment and discretion as to how to best <br />perform to provide services. The Contractor acknowledges and agrees <br />that the Contractor is not entitled to receive and benefits received by <br />City employees and is not eligible for worker's or unemployment <br />compensation benefits. The Contractor also acknowledges and <br />agrees that no withholding or deduction for State or Federal income <br />taxes, FICA, FUTA or otherwise, will be made from payments due the <br />Contractor and that it is the Contractors sole obligation to comply with <br />the applicable provisions of all Federal and State tax laws. <br />�1►U]�►►tl►11�LK�1C�1� <br />The Contractor shall indemnify, hold harmless and defend the City, its <br />officers and employees against any and all liability, loss, costs, damages, <br />expenses, claims and actions, including attorney's fees which the City, its <br />officers or employees may hereafter sustain, incur or be required to pay <br />arising out of or by reason of any negligent or willful act or adequately <br />perform the Contractors obligations pursuant to this Contract. <br />8. INSURANCE. <br />a. Professional Liability Insurance - The Contractor must provide <br />and maintain in force professional liability insurance in form approved <br />by the City with limits of at least $500,000 per occurrence, $1,000,000 <br />aggregate for each person performing inspections under this Contract <br />and with the City as additional insured. <br />b. Automobile Liability. The Contractor must provide a certificate of <br />automobile insurance meeting the minimal requirements of the <br />State for each person performing inspections under this Contract. <br />c. Worker's Compensation. If applicable, the Contractor shall procure <br />and maintain a policy that at least meets the statutory minimum. <br />d. Certificates. Prior to concurrent with execution of this Contract, the <br />Contractor shall file copies with the City. <br />e. Failure to Provide Proof of Insurance. The City may withhold <br />payments or immediately terminate this Contract for failure of the <br />Contractor to furnish proof of insurance coverage or to comply with <br />the insurance requirements as stated above. <br />f. Non -Waiver. Nothing in this Contract shall constitute a waiver by <br />
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