Independent Provider. A. It is understood and agreed, and is the intention of the parties hereto, that Provider is an independent contractor, and not the employee or agent of County for any purpose whatsoever. County shall have no right to and shall not control the manner or prescribe the method by which the professional services are performed by Provider herein and Provider shall have the right to provide the same or similar services to entities other than County without restriction. Provider shall be entirely and solely responsible for its acts and the acts of its agents, employees, and subcontractors while engaged in the performance of services hereunder. Provider shall have no claim under this Agreement or otherwise against County for vacation pay, sick leave, retirement benefits, Social Security, workers compensation, disability, or unemployment insurance benefits or other employee benefits of any kind. The parties acknowledge that County shall not withhold from Provider’s compensation any funds for income tax, FICA, disability insurance, unemployment insurance or similar withholding and Provider is solely responsible for the timely payment of all such taxes and related payments to the state and federal governments, for itself and for its employees, agents, and subcontractors who might render services in connection with this Agreement. The Provider shall inform all persons who perform any services pursuant to this Agreement of the provisions of this section.
B. In the event that the Provider’s activities under this Agreement, or any of them, are found by any state or federal agency to be those of an employee rather than an independent contractor, Provider agrees to indemnify County and hold County harmless for any damages, costs, or taxes imposed upon it pursuant to the Internal Revenue Code or state or federal taxing laws, including but not limited to any penalties and interest which County may be assessed by such state or federal agency for failing to withhold from the compensation paid to Provider under this Agreement any amount which may have been required to be withheld by law.
C. In the event that the Provider’s activities under this Agreement, or any of them, are found by the California Public Employee’s Retirement System (CalPERS) to be those of an employee rather than an independent contractor, Provider shall defend (with legal counsel reasonably acceptable to the County), indemnify and hold harmless the County, it’s officers, employees, and agents, from and again...
Independent Provider. It is expressly agreed that the Health Plan and any agents, officers, and/or employees of the Health Plan or any subcontractors, in the performance of this Contract shall act in an independent capacity and not as officers and employees of the Agency or the State of Florida. It is further expressly agreed that this Contract shall not be construed as a partnership or joint venture between the Health Plan or any subcontractor and the Agency and the State of Florida.
Independent Provider. 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums.
5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.
Independent Provider. Nothing herein contained will be construed to imply a joint venture, partnership or principal-agent relationship between the VCOE/LEA and PROVIDER. PROVIDER shall provide all services under this Scope of Work as an independent PROVIDER, and neither party shall have the authority to bind or make any commitment on behalf of the other. Nothing contained in this Scope of Work shall be deemed to create any association, partnership, joint venture or relationship of principal and agent, master and servant, or employer and employee between the parties or any affiliates of the parties, or between the VCOE/LEAs and any individual assigned by PROVIDER to perform any services for the VCOE/LEAs.
Independent Provider. It is agreed by the parties, that at all times and for all purposes, within the scope of the Agreement resulting from this solicitation, the relationship of the Provider to the City is that of independent Provider and not that of employee. No statement contained in this Agreement may be construed so as to find the Provider an employee of the City. The parties are entering into this Agreement for the purposes of providing collaborative services to individuals experiencing crisis who are the subject of a police call for service. Each party agrees that its employees who act under this Agreement are granted independent authority to provide services within the employee's scope of practice, as regulated and governed by the respective employing party. The parties agree that their respective employees will act collaboratively but exercise independent judgment, discretion, and acts within each respective employee's area of responsibility or authority, this includes independent assessment and exercise of authority under Minnesota Statutes chapters 148E, 2538, 626, 629 and any other statutory or other applicable authority. The parties agree and stipulate that none of its employees or agents has the authority to require the employees or agents of the other party to exercise any independent authority reserved by law.
Independent Provider. The Institution acknowledges that:
(a) The Institution will supply the Research to the Foundation as an independent service provider;
(b) this Agreement does not create a relationship of employer and employee, principal and agent or partnership between the Foundation and
(i) the Institution; or
(ii) the Research Personnel; and
(c) this Agreement does not give the Institution or the Research Personnel authority to bind the Foundation.
Independent Provider. The Business Associate will function as an independent Provider and shall not be considered an employee of the Covered Entity for any purpose. Nothing in this HIPAA Compliance Clause shall be interpreted as authorizing the Business Associate workforce, its subcontractor(s) or its agent(s) or employee(s) to act as an agent or representative for or on behalf of the Covered Entity.
Independent Provider. Provider and its employees, agents, representatives, and sub‐contractors are independent contractors and not employees or agents of CCPS and are not entitled to State of Florida benefits. CCPS will not be bound by any acts or conduct of the Provider or its employees, agents, representatives, or sub‐ contractors. Provider agrees to include this provision in all of its sub‐contracts under this Contract.
Independent Provider. Provider, in the performance of this Agreement, shall be and act as an independent contractor. Provider understands and agrees that he/she and all of his/her employees shall not be considered officers, employees, agents, partner, or joint venture of the District, and are not entitled to benefits of any kind or nature normally provided employees of the District and/or to which District's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. Provider shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Provider's employees. Provider shall be liable for its own actions, including its negligence or gross negligence, and shall be liable for the acts, omissions, or errors of its agents or employees.
Independent Provider. The Researcher acknowledges that:
(a) The Researcher will supply the Research to the Foundation as an independent service provider;
(b) this Agreement does not create a relationship of employer and employee, principal and agent or partnership between the Foundation and
(i) the Researcher; or
(ii) the Researcher Personnel; and
(c) this Agreement does not give the Researcher or the Researcher Personnel authority to bind the Foundation.
