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08
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2011
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090611
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08
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8/26/2011 11:32:26 AM
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8/26/2011 11:32:21 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/6/2011
DESTRUCT DATE
15Y
DOCUMENT NO
08
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EMERGENCY MEDICAL SERVICES FIRST FD 5POPIL)ER ADVANCED LIFE SUPPOR" AGREEMENT (11/1/2011) <br /> 17.3 Relationship of the Parties <br /> Nothing in this Agreement shall be construed to create a relationship of employer and <br /> employee or principal and agent, partnership,joint venture, or any other relationship other <br /> than that of independent parties contracting with each other solely for the purpose of <br /> carrying out the provisions of the Agreement. Nothing in the Agreement shall create any <br /> right or remedies in any third party, it being solely for the benefit of the County and <br /> Contractor. <br /> 17.4 Independent Contractor <br /> a. No relationship of employer and employee is created by this Agreement; it being <br /> understood and agreed that Contractor is an independent Contractor. Contractor is not <br /> the agent or employee of the County in any capacity whatsoever, and County shall not be <br /> liable for any acts or omissions by Contractor nor for any obligations or liabilities <br /> incurred by Contractor. <br /> b. Contractor, its employees, subcontractors, and agents shall have no claim under this <br /> Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal <br /> time off, overtime, health insurance medical care, hospital care, retirement benefits, <br /> social security, disability, Workers' Compensation, or unemployment insurance benefits, <br /> civil service protection, or employee benefits of any kind. <br /> c. Contractor shall be solely liable for and obligated to pay directly all applicable payroll <br /> taxes (including Federal and State income taxes) or contributions for unemployment <br /> insurance or old age pensions or annuities which are imposed by any governmental <br /> entity in connection with the labor used or which are measured by wages, salaries or <br /> other remuneration paid to its officers, agents or employees and agrees to indemnify <br /> and hold County harmless from any and all liability which County may incur because of <br /> Contractor's failure to pay such amounts. <br /> d. Contractor shall comply with all applicable Federal and State workers' compensation <br /> and liability laws and regulations with respect to the officers, agents and/or employees <br /> conducting and participating in the work; and agrees that such officers, agents, and/or <br /> employees shall be considered as independent Contractors and shall not be treated or <br /> considered in any way as officers, agents and/or employees of County. <br /> Page 18 of 26 <br />
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