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ARTICLE V INDEPENDENT CONTRACTOR
<br /> 1. Independent Contractor, in the performance of this Agreement, will determine the method,
<br /> details, and means of performing the Services, and will, at Independent Contractor's own expense, supply all
<br /> labor, tools, materials, equipment, supplies, and items necessary to perform the Services. Independent
<br /> Contractor has no authority to bind District. Independent Contractor understands and agrees that Independent
<br /> Contractor, and all of Independent Contractor's employees and agents, shall not be considered officers,
<br /> employees, or agents of District, and are not entitled to benefits of any kind or nature normally provided to
<br /> employees of District or to which District's employees are normally entitled. Independent Contractor assumes
<br /> the full responsibility for the acts and omissions of its employees and agents. Independent Contractor shall
<br /> assume full responsibility for payment of all federal, state, and local taxes or contributions, with respect to
<br /> Independent Contractor and its employees and agents.
<br /> ARTICLE VI MISCELLANEOUS PROVISIONS
<br /> 1. An inducement to District for entering into this Agreement is the professional reputation and
<br /> competence of Independent Contractor and its employees. Neither this Agreement,nor any interest therein,may
<br /> be assigned by Independent Contractor without the prior written consent of District, which consent may be
<br /> withheld in District's sole discretion.
<br /> 2. This Agreement represents the entire and integrated Agreement between District and
<br /> Independent Contractor and supersedes ail prior negotiations, representations, or Agreements, either written or
<br /> oral. This Agreement may be amended only by written instrument signed by both. District and Independent
<br /> Contractor.
<br /> 3. Nothing contained in this Agreement shall create a contractual relationship with or a cause of
<br /> action in favor of a third party against District.
<br /> 4. Time is of the essence for this Agreement.
<br /> 5. District shall not be liable for any special, indirect, exemplary, punitive, consequential, or
<br /> incidental damages, including, without limitation, lost revenues, anticipated revenues, or profits relating to the
<br /> same arising from any claim relating directly or indirectly to this Agreement whether a claim for such damages
<br /> is based on warranty,contract, or tort even if the Parties are advised of the likelihood or possibility of the same.
<br /> 6. Independent Contractor, if an employee of another public agency, agrees that Independent
<br /> Contractor will not receive salary or remuneration, other than vacation pay, as an employee of another public
<br /> agency for the actual time in which Services are actually being peiTonned pursuant to this Agreement,
<br /> 7. Independent Contractor is required to adhere to the requirements of California Labor Code
<br /> Section 1725.5 (DIR Contractor Registration) as a prerequisite to any work being performed under this
<br /> Agreement,when applicable. Independent Contractor shall adhere to the requirements of California Labor Code
<br /> Sections 1771 through 1776, and to California Education Code Section 81704, when the services performed by
<br /> Independent Contractor require compliance with these Sections. Independent Contractor acknowledges that it
<br /> shall register,if required,with the California Department of Industrial Relations(D1R)by utilizing DIR's on-line
<br /> application registry link located at:
<br /> http://www.dir.ca.gov/PublieWorks/PublieWorlcs.html
<br /> IRV#4846-2086.4515 v2 -3-
<br /> CCCD Standard Short Form UC Agreement 02-2015 Rev.v.1
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