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187.11(b) e.0., attached as Exhibit "C n and made a part of this Agreement. A copy of this clause shall be made a part of every subcontract or agreement entered into for goods or services and shall be binding on all persons, firrns and corporations with whom Contractor may deal. ARTICLE VIII. WORKERS' COMPENSATIONiSOCIAL SECURITY ACT A. Worker.s' Compensation. Contractor shall, at all times during the term of this Agreement, subscribe to and comply with the Workers' Compensation Laws of the State of Ohio and pay such premiums as may be required under these laws and save the City harmless from any and all liability arising from or under these laws. B. Independent Contractor. Contractor is and will remain an independent contractor for all services performed under this Agreement and shall accept full and exclusive liability for the payment of any and all contributions or taxes for social security, unemployment insurance, or old age retirement benefits, penSions, or annuities now imposed or may later be imposed under any state or federal law that are measured by the wages, salaries, or other compensation paid to the workers. Contractor shall also obey all rules and regulations and meet all lawful requirements that are now or may later be issued or promulgated under these respective laws by any duly authorized state or federal officials. Contractor shall indemnify and save harmless the City from any such contributions or taxes or liabilities. ARTICLE IX. ASSIGNMENT PROHIBITED Contractor will have the right to assign its interest in this Agreement to any entity wholly owned or controlled by Contractor or its parent corporation, or to a successor by merger or consolidation, or to any entity that acquires all or substantially all of Contractor's assets or stock. Contractor shall promptly give City written notice of any assignment of interest in this Agreement. . Contractor and its assigns will remain liable for the performance of the obligations of Contractor pursuant to this Agreement. Any other assignment will require Oty's consent, which consent will not be unreasonably withheld, conditioned or delayed. 38725-1 4
ARTICLE X. GOVERNING LAW AND DISPUTES This Agreement and the rights and obligations of the parties under it, shall be governed by, and construed according to the laws of the State of Ohio and theClty of Cleveland. The parties shall engage in good faith attempts to resolve any dispute before any claim or suit arising out of this Agreement may be filed in a court of competent jurisdiction. ARTICLE XI. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the. parties and is intended as a complete and exclUSive statement of the promises, representations, negotiations, discussions, and agreements that have been made in connection with the subject matter of this Agreement. No modifications or amendment to this Agreement shall be binding upon the parties unless the same is in writing and signed by both parties to the Agreement. No other agreement(s) shall be valid to bind City or its employees that use the cars rented from Contractor under this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the terms of this Agreement shall govern. ARTICLE XII. RESPONSIBILITY FOR INJURIES OR DAMAGES Contractor assumes the risk and responsibility for injuries or damages caused by or based upon any injury or damages to persons or property arising out of an error, omission, or negligent act of Contractor. Further, Contractor waives all claims against City for any damage to or loss of Contractor's vehicles used by City under this Agreement. This Article shall survive the term of this Agreement. Except as qualified by the damage waiver included in the rates quoted in Contractor's Proposal and any other provision of the Proposal (Exhibit "A"), City assumes the risk and responsibility for injuries or damages to persons or property caused by City employees using vehicles rented by City under this Agreement whether the employee uses the vehicles on-duty or off-duty in an authorized or unauthorized way. This responsibmty extends only to Contractor; no third party beneficiary is intended or should be construed to exist under or in connection with this Agreement. 38725-1 5
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City of Cleveland Department of Law
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On Friday, July 2, 2010, I intervie
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Cleveland Division of Police Intern
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Lieutenant Jerome Barrow#8467 Cleve
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Lieutenant Jerome Barrow #8467 Janu
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DIST./BUR. EXAMINED BY CLEVELAND DI
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CLEVELAND DIVISION OF POLICE CLEVEL
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Lt. Barrow failed to monitor member
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On May 10, 2010 received a written
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