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<br />Contract #S136213
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<br />not withstanding the foregoing, the parties agree that in the event of acts, errors, or omissions on
<br />the part of the subcontractor, the District and City will look to remedies allowed by law against
<br />said subcontractor or their insurer. City shall hold the District harmless from any liability or
<br />damages arising under or from any subcontract to the extent allowed by law. City shall not be
<br />held liable for acts of the District, it's staff or subcontractors, which result in claims or litigation
<br />by subcontractors or other third parties. Nothing herein shall create any contractual relationship
<br />between any subcontractor and the District.
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<br />B. Interest of City. City certifies that no officer, agent, or employee of the District has any material
<br />interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly, in the business of City
<br />to be conducted hereby, and that no such person shall have any such interest at any time during
<br />the term of this Agreement.
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<br />C. Independent Contractor. City is an independent contractor. Neither City nor City's employees
<br />are employees of the District. City shall have the right to control and direct the means and
<br />methods by which the Work is accomplished. City may perform services for others, which solely
<br />utilize its facilities and do not violate any confidentiality requirements of this Agreement. City is
<br />solely responsible for compliance with all labor and tax laws pertaining to it, its officers, agents,
<br />and employees, and shall indemnify and hold the District harmless from any failure to comply
<br />with such laws. City's duties with respect to itself, its officers, agents, and employees, shall
<br />include, but not be limited to: (1) providing Workers' Compensation coverage for employees as
<br />required by law; (2) hiring of any employees, assistants, or subcontractors necessary for
<br />performance of the Work; (3) providing any and all employment benefits, including, but not
<br />limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and
<br />disability insurance; (4) payment of all federal, state and local taxes income or employment taxes,
<br />and, if City is not a corporation, self-employment (Social Security) taxes; (5) compliance with the
<br />Fair Labor Standards Act, 29 V.S.C. §§ 201, et seq., including payment of overtime in accordance
<br />with the requirements of said Act; (6) providing employee training for all functions necessary for
<br />performance of the Work; (7) providing equipment and materials necessary to the performance of
<br />the Work; and (8) providing office or other facilities for the performance of the Work. In the
<br />event the District provides training, equipment, materials, or facilities to meet specific District
<br />needs or otherwise facilitate performance of the Work, this shall not affect any of City's duties
<br />hereunder or alter City's status as an independent contractor.
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<br />D. Non Lobbvine:. Pursuant to Section 216.347, Fla. Stat., as amended, City hereby agrees that
<br />mouies received fTom the District pursuant to this Agreement will not be used for the purpose of
<br />lobbying the Legislatnre or any other state agency.
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<br />E. Civil Rie:hts. Pursuant to Chapter 760, Fla. Stat., City shall not discriminate against any
<br />employee or applicant for employment because of race, color, religion, sex, or national origin,
<br />age, handicap, or marital status.
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<br />F. Audit: Access to Records. City agrees that the District or its duly authorized representatives
<br />shall, until the expiration of three (3) years after expenditure of funds hereunder, have access to
<br />examine any of City's books, documents, papers, and other records involving transactions related
<br />to this Agreement. City shall preserve all such records for a period of not less than three (3) years.
<br />Payment(s) made hereunder shall be reduced for amounts charged that are found on the basis of
<br />audit examination not to constitute allowable costs. City shall refund any such reduction of
<br />payments. All required records shall be maintained until an audit has been completed and all
<br />questions arising from it are resolved. City will provide proper facilities for access to and
<br />inspection of all required records.
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