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Agmt 2011 Alameda County
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Agmt 2011 Alameda County
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Last modified
9/7/2011 4:32:56 PM
Creation date
9/7/2011 4:32:35 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/15/2011
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PERM
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Reso 2011-152
(Approved by)
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\City Clerk\City Council\Resolutions\2011
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Contract No. <br /> GENERAL TERMS AND CONDITIONS <br /> 1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is <br /> created by this Agreement; it being understood and agreed that Contractor is an <br /> independent contractor. Contractor is not the agent or employee of the County in <br /> any capacity whatsoever, and County shall not be liable for any acts or omissions <br /> by Contractor nor for any obligations or liabilities incurred by Contractor. <br /> Contractor shall have no claim under this Agreement or otherwise, for seniority, <br /> vacation time, vacation pay, sick leave, personal time off, overtime, health <br /> insurance medical care, hospital care, retirement benefits, social security, <br /> disability, Workers' Compensation, or unemployment insurance benefits, civil <br /> service protection, or employee benefits of any kind. <br /> Contractor shall be solely liable for and obligated to pay directly all applicable <br /> payroll taxes (including federal and state income taxes) or contributions for <br /> unemployment insurance or old age pensions or annuities which are imposed by <br /> any governmental entity in connection with the labor used or which are measured <br /> by wages, salaries or other remuneration paid to its officers, agents or employees <br /> and agrees to indemnify and hold County harmless from any and all liability <br /> which County may incur because of Contractor's failure to pay such amounts. <br /> In carrying out the work contemplated herein, Contractor shall comply with all <br /> applicable federal and state workers' compensation and liability laws and <br /> regulations with respect to the officers, agents and /or employees conducting and <br /> participating in the work; and agrees that such officers, agents, and /or employees <br /> will be considered as independent contractors and shall not be treated or <br /> considered in any way as officers, agents and /or employees of County. <br /> Contractor does, by this Agreement, agree to perform his/her said work and <br /> functions at all times in strict accordance with currently approved methods and <br /> practices in his/her field and that the sole interest of County is to insure that said <br /> service shall be performed and rendered in a competent, efficient, timely and <br /> satisfactory manner and in accordance with the standards required by the County <br /> agency concerned. <br /> Notwithstanding the foregoing, if the County determines that pursuant to state and <br /> federal law Contractor is an employee for purposes of income tax withholding, <br /> County may upon two week's notice to Contractor, withhold from payments to <br /> Contractor hereunder federal and state income taxes and pay said sums to the <br /> federal and state governments <br /> Page 3 of 13 <br />
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