Independent Contractor; Workers’ Compensation Insurance – Modified. A. The Contractor is performing as an independent entity under this Contract. No part of this Contract shall be construed to represent the creation of an employment, agency, partnership, or joint venture agreement between the parties. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees, or subcontractors of the other party.
Independent Contractor; Workers’ Compensation Insurance – Modified. The Contractor is performing as an independent entity under this Contract. No part of this Contract shall be construed to represent the creation of an employment, agency, partnership or joint venture agreement between the parties. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall provide all necessary unemployment and workers’ compensation insurance for the Contractor’s employees, and Contractor shall provide the State with a Certificate of Insurance evidencing such coverage prior to starting work under this Contract. The Contractor certifies and agrees that the services the Contractor provides under this Contract will be performed in accordance with the following guidelines: Behavioral control - The Contractor will be responsible to direct and control its staff with respect to how to carry out its duties under this Contract including: monitoring or providing training on how to perform services and instructions on: -when and where to do the work; -what tools or equipment to use; -what workers to hire or to assist with the work; -where to purchase supplies and services; -what work must be performed by a specified individual; and -what order or sequence to follow. Financial control - In carrying out its duties hereunder, the Contractor will be responsible for: all business expenses incurred; any facilities or equipment it requires; managing its resources to meet obligations to the State and any other parties; all employment or contract issues with its staff; and managing any fluctuations in the cost of providing services. Type of relationship - The Contractor's relationship with the State: is controlled by this Contract; includes no benefits other than the consideration paid for services rendered; includes no promise of future agreements; and addresses only one aspect of the State's overall mission.
