NETTRANSCRIPTS - 2006 - Laserfiche WebLink

Home Browse Search

4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it he construed to create an employer-employee relationship, ajoint venture relationship. or to allO\v the City to exercise discretion or control over the professional manner in which Consultant performs the services which arc the suhject matter of this Agreement; however. the services to be provided by Consultant shall he provided in a manner consistent with all applicable standards nnd regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement. Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as descrihed below: \Vorker's Compensation Insurance. In accordance v,.'ith the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for \vorker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement. Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 6, INDEMNIFICATION Consultant agrees to and shall indcmnify and hold harmless the City, its omcers, agents, employees, consultants, special counscl, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims lor property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, cmployees, or other persuns acting on their behalf which rclates to the services described in section 1 0 f this Agreement. 7. CONFIDENTIALITY If Consultant receives lrorn the City information which due to the nature of such information is reasonably understood to be conHdential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performam.:e of this Agreement. ami further agrees to exercise the same degree of care it uses to protect its o\vn information of like importance, but in no event less than reasonable care. "'Confidential Information" shall include all nonpublic information. Cunfidential information includes not only \vritten information, hut also information transferred orally, visually. electronically, or by other means. Confidential inlormation disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure 1