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2011-096 Ordinance
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2011-096 Ordinance
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1/13/2014 3:47:52 PM
Creation date
12/27/2013 3:31:24 AM
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North Olmsted Legislation
Legislation Number
2011-096
Legislation Date
10/5/2011
Year
2011
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5. Payment. Labor Negotiator shall provide invoices each month for work <br />accomplished through the last day of the preceding month. Labor Negotiator must <br />submit documentation supporting the charges in the invoice, which must be consistent <br />with Exhibit A, and must include the contract number of this Agreement on each invoice. <br />Payments shall be based upon Labor Negotiator's verified progress in completing the <br />services. Unless Labor Negotiator has not properly performed the services, invoices will <br />be paid within thirty days of receipt. The City shall have the right to refuse to pay all or a <br />portion of an invoice that is inconsistent with this Agreement. The City may delay <br />payment until it can verify the accuracy of the invoice or resolve a dispute with Labor <br />Negotiator regarding an invoice. Checks shall be made payable to Labor Negotiator. <br />6. Records and Audits. Labor Negotiator shall at all times maintain a system of <br />accounting records in accordance with its normal procedures, together with supporting <br />documentation for all work, purchases, services and billings under this Agreement, as <br />required by Exhibit A. Labor Negotiator shall make available for audit and reproduction <br />by the City all records, in whatever form, related to the labor negotiator services provided <br />under this Agreement. Labor Negotiator shall provide such availability during the term <br />of this Agreement and for two years after final payment. Labor Negotiator shall refund to <br />the City any charges determined by the City's audit to be inconsistent with this <br />Agreement. <br />7. Independent Contractor. In the performance of labor negotiator services under this <br />Agreement, Labor Negotiator shall be, for all purposes, an independent contractor and <br />not an employee or agent of the City. <br />8. NO UNEMPLOYMENT INSURANCE OR WORKERS' COMPENSATION <br />BENEFITS. LABOR NEGOTIATOR IS NOT ENTITLED TO UNEMPLOYMENT <br />INSURANCE OR WORKERS' COMPENSATION BENEFITS, OR ANY OTHER <br />BENEFITS EXTENDED TO EMPLOYEES UNDER OHIO LAW, AS A RESULT OF <br />PERFORMANCE OF THE SERVICES FOR THE CITY, UNLESS EXPRESSLY <br />PROVIDED FOR IN THIS AGREEMENT. LABOR NEGOTIATOR IS REQUIRED <br />TO PROVIDE WORKERS' COMPENSATION, UNEMPLOYMENT INSURANCE <br />BENEFITS, AND ALL OTHER APPLICABLE BENEFITS, FOR ITS EMPLOYEES <br />AND/OR INDEPENDENT CONTRACTORS OR SUBCONTRACTORS. <br />9. PAYMENT OF TAXES. LABOR NEGOTIATOR IS SOLELY LIABLE FOR <br />ANY FEDERAL, STATE AND LOCAL INCOME AND WITHHOLDING TAXES, <br />UNEMPLOYMENT TAXES, FICA TAXES AND WORKERS' COMPENSATION <br />PAYMENTS AND PREMIUMS APPLICABLE TO THIS AGREEMENT FOR ANY <br />SERVICES PROVIDED. LABOR NEGOTIATOR SHALL INDEMNIFY THE CITY <br />FOR ANY AND ALL LIABILITY RESULTING FROM NONPAYMENT OF SUCH <br />TAXES AND OTHER PAYMENTS REQUIRED BY LAW. <br />10. Insurance. Labor Negotiator shall maintain in full force and effect during the full <br />term of this Agreement professional liability, worker's compensation and employer's <br />2 <br />
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