Common use of Independent Provider Clause in Contracts

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 against any and all claims, losses, costs, contributions, arrears, interest, damages, penalties, expenses and liabilities of every kind, nature and description (including incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert Providers or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Services provided under this Agreement.

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 against any and all claims, losses, costs, contributions, arrears, interest, damages, penalties, expenses and liabilities of every kind, nature and description (including incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert Providers contractors or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Services provided under this Agreement.

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.. DocuSign Envelope ID: B9F4E1F2-7CF2-4608-AC80-F6EAD81E2502 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 against any and all claims, losses, costs, contributions, arrears, interest, damages, penalties, expenses and liabilities of every kind, nature and description (including incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert Providers or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the Services provided under this Agreement.