County of San Joaquin
<br />6.7 Independent Contractor
<br />In performance of the work, duties and obligations assumed by the proposer, it is
<br />mutually understood and agreed that the proposer, including any and all of the proposer's
<br />officers, agents, and employees, will at all times be acting and performing in an
<br />independent capacity and not as an officer, agent, servant, employee, joint venturer,
<br />partner, or associate of the County.
<br />Proposer agrees that any and all persons performing any services and/or work whatsoever
<br />contemplated by this RFP and/or related or incidental thereto, shall be an employee of the
<br />Proposer and Proposer shall, by way of example but not by way of limitation, withhold
<br />federal and state income taxes as well as the required employee social security
<br />contribution of each said persons. Proposer shall comply with all regulations regarding
<br />employees, and Proposer shall pay and/or contribute its required share as the employer of
<br />said persons.
<br />Proposer acknowledges the fact that it is an independent proposer and is in no way to be
<br />construed as an employee of the County, nor are any of the persons employed by the
<br />Proposer to be so construed.
<br />■ 6.8 Prohibition of Gratuities
<br />Neither the proposer nor any person, firm, or corporation employed by the proposer in the
<br />performance of the Agreement shall offer or give, directly or indirectly, to any employee
<br />or agent of the County, any gift, money, or anything of value, or any promise obligations,
<br />or agreement for future reward, or compensation at any time during the term of this
<br />agreement.
<br />• 6.9 Indemnification
<br />The proposer shall hold the County, its officers, agents, and employees harmless and
<br />indemnify and defend the County, its officers, agents, and employees against the payment
<br />of any and all cost and expenses, claims, suits, liabilities, and damages resulting from or
<br />arising out of or in any way connected with any negligent or wrongful acts or omissions
<br />of the proposer, its officers, agents, and employees, in performing or failing to perform
<br />any work, services, or functions provided for or referred to or in any way connected with
<br />this agreement.
<br />The Proposer shall indemnify and hold harmless County, members of its governing
<br />board, its officers, agents and employees, successors, and assigns, from and against all
<br />demands, claims, damages, losses, liabilities, expenses and/or costs including attorney
<br />fees and court costs arising out of and/or resulting from the performance of the activities
<br />and services contemplated by this agreement, except, however, for any demands, claims,
<br />7
<br />
|