Common use of Independent Contractor Obligations Clause in Contracts

Independent Contractor Obligations. It is agreed that the Contractor is an independent contractor and that nothing contained herein is intended or should be construed as creating or establishing a relationship of employment, agency, or a partnership. The Contractor is solely responsible for fulfilling the contract. The Contractor or the Contractor’s representative shall be the sole point of contact regarding all contractual matters. The Contractor shall secure, at its own expense, all personnel required to perform the services under the contract. The personnel the Contractor uses to fulfill the contract shall have no contractual or other legal relationship with the State; they shall not be considered employees of the State and shall not be entitled to any compensation, rights or benefits from the State, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, severance pay, or retirement benefits. By-name personnel commitments made in the bidder's proposal shall not be changed without the prior written approval of the State. Replacement of these personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications. All personnel assigned by the Contractor to the contract shall be employees of the Contractor or a subcontractor and shall be fully qualified to perform the work required herein. Personnel employed by the Contractor or a subcontractor to fulfill the terms of the contract shall remain under the sole direction and control of the Contractor or the subcontractor respectively. With respect to its employees, the Contractor agrees to be solely responsible for the following: 1. Any and all pay, benefits, and employment taxes and/or other payroll withholding, 2. Any and all vehicles used by the Contractor’s employees, including all insurance required by state law, 3. Damages incurred by Contractor’s employees within the scope of their duties under the contract, 4. Maintaining Workers’ Compensation and health insurance that complies with state and federal law and submitting any reports on such insurance to the extent required by governing law, 5. Determining the hours to be worked and the duties to be performed by the Contractor’s employees; and, 6. All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination alleged against the Contractor, its officers, agents, or subcontractors or subcontractor’s employees). If the Contractor intends to utilize any subcontractor, the subcontractor's level of effort, tasks, and time allocation should be clearly defined in the bidder’s proposal. The Contractor shall agree that it will not utilize any subcontractors not specifically included in its proposal in the performance of the contract without the prior written authorization of the State. The State reserves the right to require the Contractor to reassign or remove from the project any Contractor or subcontractor employee. Contractor shall insure that the terms and conditions contained in any contract with a subcontractor does not conflict with the terms and conditions of this contract. The Contractor shall include a similar provision, for the protection of the State, in the contract with any Subcontractor engaged to perform work on this contract.

Appears in 1 contract

Samples: Contract Award Terms and Conditions

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Independent Contractor Obligations. It is agreed that the Contractor is an independent contractor and that nothing contained herein is intended or should be construed as creating or establishing a relationship of employment, agency, or a partnership. The Contractor is solely responsible for fulfilling the contract. The Contractor or the Contractor’s representative shall be the sole point of contact regarding all contractual matters. The Contractor shall secure, at its own expense, all personnel required to perform the services under the contract. The personnel the Contractor uses to fulfill the contract shall have no contractual or other legal relationship with the State; they shall not be considered employees of the State and shall not be entitled to any compensation, rights or benefits from the State, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, severance pay, or retirement benefits. By-name personnel commitments made in the bidder's proposal The Contractor shall not be changed without the prior written approval of the State. Replacement of these personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications. All personnel assigned by the Contractor to the contract ensure that all persons performing services under this agreement shall be employees of the Contractor or a subcontractor Subcontractor, and shall be ensure they fully qualified to perform the work required hereinrequired. Personnel employed by the Contractor or a subcontractor to fulfill the terms of the contract shall remain under the sole direction and control of the Contractor or the subcontractor respectively. Contractor shall be responsible for the actions of subcontractors in their performance under this Agreement. With respect to its employees, the Contractor agrees to be solely responsible for the following: 1. : Any and all pay, benefits, and employment taxes and/or other payroll withholding, 2. ; Any and all vehicles used by the Contractor’s employees, including all insurance required by state law, 3. ; Damages incurred by Contractor’s employees within the scope of their duties under the contract, 4. ; Maintaining Workers’ Compensation and health insurance that complies with state and federal law and submitting any reports on such insurance to the extent required by governing law, 5. ; Determining the hours to be worked and the duties to be performed by the Contractor’s employees; and, 6. , All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination alleged against the Contractor, its officers, agents, or subcontractors or subcontractor’s employees). If the Contractor intends to utilize any subcontractor, the subcontractor's level of effort, tasks, and time allocation should be clearly defined in the bidder’s proposal. The Contractor shall agree that it will not utilize any subcontractors not specifically included in its proposal in the performance of the contract without the prior written authorization of the State. The State reserves the right to require the Contractor to reassign or remove from the project any Contractor or subcontractor employee. Contractor shall insure that the terms and conditions contained in any contract with a subcontractor does not conflict with the terms and conditions of this contract. The Contractor shall include a similar provision, for the protection of the State, in the contract with any Subcontractor engaged to perform work on this contract.

Appears in 1 contract

Samples: Participating Addendum

Independent Contractor Obligations. Accept (Initial) Reject (Initial) Reject & Provide Alternative Response (Initial) NOTES/COMMENTS: BC It is agreed that the Contractor Vendor is an independent contractor Vendor and that nothing contained herein is intended or should be construed as creating or establishing a relationship of employment, agencyAgency, or a partnership. The Contractor Vendor is solely responsible for fulfilling the contract. The Contractor Vendor or the ContractorVendor’s representative shall be the sole point of contact regarding all contractual matters. The Contractor Vendor shall secure, at its own expense, all personnel required to perform the services under the contract. The personnel the Contractor Vendor uses to fulfill the contract shall have no contractual or other legal relationship with the State; they shall not be considered employees of the State and shall not be entitled to any compensation, rights or benefits from the State, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, severance pay, or retirement benefits. By-name personnel commitments made in the bidderVendor's proposal bid shall not be changed without the prior written approval of the State. Replacement of these personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications. All personnel The Vendor warrants that all persons assigned by the Contractor to the contract project shall be employees of the Contractor Vendor or a subcontractor Subcontractor, and shall be fully qualified to perform the work required herein. Personnel employed by the Contractor Vendor or a subcontractor Subcontractor to fulfill the terms of the contract shall remain under the sole direction and control of the Contractor Vendor or the subcontractor Subcontractor respectively. With respect to its employees, the Contractor Vendor agrees to be solely responsible for the following: 1. Any and all pay, benefits, and employment taxes and/or other payroll withholding,; 2. Any and all vehicles used by the ContractorVendor’s employees, including all insurance required by state State law,; 3. Damages incurred by ContractorVendor’s employees within the scope of their duties under the contract,; 4. Maintaining Workers’ Compensation and health insurance that complies with state State and federal Federal law and submitting any reports on such insurance to the extent required by governing law,; 5. Determining the hours to be worked and the duties to be performed by the ContractorVendor’s employees; and, 6. All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination alleged against the ContractorVendor, its officers, agents, or subcontractors Subcontractors or subcontractorSubcontractor’s employees). If the Contractor intends to utilize any subcontractor, the subcontractor's level of effort, tasks, and time allocation should be clearly defined in the bidder’s proposal. The Contractor shall agree that it will not utilize any subcontractors not specifically included in its proposal in the performance of the contract without the prior written authorization of the State. The State reserves the right to require the Contractor to reassign or remove from the project any Contractor or subcontractor employee. Contractor shall insure that the terms and conditions contained in any contract with a subcontractor does not conflict with the terms and conditions of this contract. The Contractor shall include a similar provision, for the protection of the State, in the contract with any Subcontractor engaged to perform work on this contract.

Appears in 1 contract

Samples: Master Agreement

Independent Contractor Obligations. It is agreed that the Contractor Vendor is an independent contractor Vendor and that nothing contained herein is intended or should be construed as creating or establishing a relationship of employment, agencyAgency, or a partnership. The Contractor Vendor is solely responsible for fulfilling the contract. The Contractor Vendor or the ContractorVendor’s representative shall be the sole point of contact regarding all contractual matters. The Contractor Vendor shall secure, at its own expense, all personnel required to perform the services under the contract. The personnel the Contractor Vendor uses to fulfill the contract shall have no contractual or other legal relationship with the State; they shall not be considered employees of the State and shall not be entitled to any compensation, rights or benefits from the State, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, severance pay, or retirement benefits. By-name personnel commitments made in the bidderVendor's proposal bid shall not be changed without the prior written approval of the State. Replacement of these personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications. All personnel The Vendor warrants that all persons assigned by the Contractor to the contract project shall be employees of the Contractor Vendor or a subcontractor Subcontractor, and shall be fully qualified to perform the work required herein. Personnel employed by the Contractor Vendor or a subcontractor Subcontractor to fulfill the terms of the contract shall remain under the sole direction and control of the Contractor Vendor or the subcontractor Subcontractor respectively. With respect to its employees, the Contractor Vendor agrees to be solely responsible for the following: 1. Any and all pay, benefits, and employment taxes and/or other payroll withholding,; 2. Any and all vehicles used by the ContractorVendor’s employees, including all insurance required by state State law,; 3. Damages incurred by ContractorVendor’s employees within the scope of their duties under the contract,; 4. Maintaining Workers’ Compensation and health insurance that complies with state State and federal Federal law and submitting any reports on such insurance to the extent required by governing law,; 5. Determining the hours to be worked and the duties to be performed by the ContractorVendor’s employees; and, 6. All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination alleged against the ContractorVendor, its officers, agents, or subcontractors Subcontractors or subcontractorSubcontractor’s employees). If the Contractor intends to utilize any subcontractor, the subcontractor's level of effort, tasks, and time allocation should be clearly defined in the bidder’s proposal. The Contractor shall agree that it will not utilize any subcontractors not specifically included in its proposal in the performance of the contract without the prior written authorization of the State. The State reserves the right to require the Contractor to reassign or remove from the project any Contractor or subcontractor employee. Contractor shall insure that the terms and conditions contained in any contract with a subcontractor does not conflict with the terms and conditions of this contract. The Contractor shall include a similar provision, for the protection of the State, in the contract with any Subcontractor engaged to perform work on this contract.

Appears in 1 contract

Samples: Master Agreement

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Independent Contractor Obligations. It is agreed that the Contractor Vendor is an independent contractor Vendor and that nothing contained herein is intended or should be construed as creating or establishing a relationship of employment, agencyAgency, or a partnership. The Contractor Vendor is solely responsible for fulfilling the contract. The Contractor Vendor or the ContractorVendor’s representative shall be the sole point of contact regarding all contractual matters. The Contractor Vendor shall secure, at its own expense, all personnel required to perform the services under the contract. The personnel the Contractor Vendor uses to fulfill the contract shall have no contractual or other legal relationship with the State; they shall not be considered employees of the State and shall not be entitled to any compensation, rights or benefits from the State, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, severance pay, or retirement benefits. By-name personnel commitments made in the bidderVendor's proposal bid shall not be changed without the prior written approval of the State. Replacement of these personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications. All personnel The Vendor warrants that all persons assigned by the Contractor to the contract project shall be employees of the Contractor Vendor or a subcontractor Subcontractor, and shall be fully qualified to perform the work required herein. Personnel employed by the Contractor Vendor or a subcontractor Subcontractor to fulfill the terms of the contract shall remain under the sole direction and control of the Contractor Vendor or the subcontractor Subcontractor respectively. With respect to its employees, the Contractor Vendor agrees to be solely responsible for the following: 1. : Any and all pay, benefits, and employment taxes and/or other payroll withholding, 2. ; Any and all vehicles used by the ContractorVendor’s employees, including all insurance required by state State law, 3. ; Damages incurred by ContractorVendor’s employees within the scope of their duties under the contract, 4. ; Maintaining Workers’ Compensation and health insurance that complies with state State and federal Federal law and submitting any reports on such insurance to the extent required by governing law, 5. ; Determining the hours to be worked and the duties to be performed by the ContractorVendor’s employees; and, 6. , All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination alleged against the ContractorVendor, its officers, agents, or subcontractors Subcontractors or subcontractorSubcontractor’s employees). If the Contractor Vendor intends to utilize any subcontractorSubcontractor, the subcontractor's Subcontractor’s level of effort, tasks, and time allocation should must be clearly defined in the bidder’s proposalVendor's bid. The Contractor Vendor shall agree that it will not utilize any subcontractors Subcontractors not specifically included in its proposal bid in the performance of the contract without the prior written authorization of the State. The State reserves the right to require the Contractor Vendor to reassign or remove from the project any Contractor Vendor or subcontractor Subcontractor employee. Contractor Vendor shall insure that the terms ITB Terms and conditions Conditions contained in any contract with a subcontractor Subcontractor does not conflict with the terms ITB Terms and conditions Conditions of this contract. The Contractor Vendor shall include a similar provision, for the protection of the State, in the contract with any Subcontractor engaged to perform work on this contract.

Appears in 1 contract

Samples: Master Agreement

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