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5-14-3-1 et. seq. (commonly known as Indiana's Access to Public Records Act), to the extent <br /> applicable, with respect to all documentation. <br /> Section 12. Conflict of Interest. The Contractor acknowledges that he or she(or it and its <br /> directors, officers, employees and agents),may potentially be deemed"public servants"as <br /> defined by Indiana Code § 35-41-1-24. The Contractor hereby represents and certifies that it may <br /> enter into this Contract under Indiana Code § 35-44-1 and,to the extent applicable,has executed <br /> and filed with the Commission and the appropriate bodies a Uniform Conflict of Interest <br /> Disclosure Statement,the form of which is attached hereto and incorporated herein as Exhibit <br /> «B» <br /> Section 13. Drug Free Workplace. The Contractor hereby agrees to make a good faith effort <br /> to provide and maintain a drug-free workplace. The Contractor will give written notice to the <br /> Commission within ten(10)days after receiving actual notice that the Contractor or an employee <br /> of the Contractor within the State of Indiana has been convicted of a criminal drug violation <br /> occurring in the workplace. <br /> Section 14. Relationship/Independent Contractor. Both parties, in the performance of this <br /> Contract, shall act in an individual capacity and not as agents, employees,partners,joint <br /> venturers or associates of one another. The employee(s)or agent(s) of one party shall not be <br /> deemed or construed to be the employee(s)or agent(s) of the other party for any purpose <br /> whatsoever. Neither party will assume liability for any injury(including death)to any person(s), <br /> or damage to any property, arising out of the acts or omissions of the agents, employees or <br /> subcontractors of the other party. The Contractor shall be solely responsible for providing all <br /> necessary unemployment and workers'compensation insurance for the Contractor's employees. <br /> The Contractor is solely responsible for compliance with federal, state and local laws and <br /> regulations relating to taxes and social security payments that may be required to be made in <br /> connection with the compensation provided under this Contract. The Commission,however,may <br /> file informational returns with the United States Internal Revenue Service or similar state <br /> agencies regarding payment made to the Contractor in accordance with this Contract under <br /> conditions imposed by federal, state or local laws applicable to such payment. The Commission <br /> shall provide IRS Form 1099 to the Contractor, if applicable. <br /> Section 15. Insurance. The Contractor shall secure and keep in force during the term of this <br /> Contract, the following insurance coverages, covering the Contractor for any and all claims of <br /> any nature which may in any manner arise out of or result from this Contract: <br /> (a) Commercial liability, including contractual coverage, and products or completed <br /> operations coverage, if applicable, with minimum liability limits of$500,000 per person and <br /> $500,000 per occurrence unless additional coverage is required by statute; <br /> (b) Prior to the commencement date of the Services provided herein, the Contractor shall <br /> provide proof of such insurance coverage naming the City of South Bend, Indiana and the <br /> Commission as co-insureds by tendering to the Commission a certificate of insurance prior to the <br /> commencement of this Contract; and <br />