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Attachment 5
<br />GENERAL CONDITIONS
<br />Coordination of Services by the STATE. The head of the purchasing agency ("HOPA") (which term
<br />includes the designee of the HOPA) shall coordinate the services to be provided by the CONTRACTOR in
<br />order to complete the performance required in the Contract. The CONTRACTOR shall maintain
<br />communications with HOPA at all stages of the CONTRACTOR'S work, and submit to HOPA for resolution
<br />any questions which may arise as to the performance of this Contract. "Purchasing agency" as used in these
<br />General Conditions means and includes any governmental body which is authorized under chapter 103D,
<br />HRS, or its implementing roles and procedures, or by way of delegation, to enter into contracts for the
<br />procurement of goods or services or both.
<br />2. Relationship of Parties: Independent Contractor Status and Responsibilities, Includine Tax Resnonsibilities.
<br />a. In the performance of services required under this Contract, the CONTRACTOR is an "independent
<br />contractor," with the authority and responsibility to control and direct the performance and details of
<br />the work and services required under this Contract; however, the STATE shall have a general right to
<br />inspect work in progress to determine whether, in the STATE'S opinion, the services are being
<br />performed by the CONTRACTOR in compliance with this Contract. Unless otherwise provided by
<br />special condition, it is understood that the STATE does not agree to use the CONTRACTOR
<br />exclusively, and that the CONTRACTOR is free to contract to provide services to other individuals
<br />or entities while under contract with the STATE.
<br />b. The CONTRACTOR and the CONTRACTOR'S employees and agents are not by reason of this
<br />Contract, agents or employees of the State for any purpose, and the CONTRACTOR and the
<br />CONTRACTOR'S employees and agents shall not be entitled to claim or receive from the State any
<br />vacation, sick leave, retirement, workers' compensation, unemployment insurance, or other benefits
<br />provided to state employees.
<br />c. The CONTRACTOR shall be responsible for the accuracy, completeness, and adequacy of the
<br />CONTRACTOR'S performance under this Contract. Furthermore, the CONTRACTOR intentionally,
<br />voluntarily, and knowingly assumes the sole and entire liability to the CONTRACTOR'S employees
<br />and agents, and to any individual not a party to this Contract, for all loss, damage, or injury caused by
<br />the CONTRACTOR, or the CONTRACTOR'S employees or agents in the course of their
<br />employment.
<br />d. The CONTRACTOR shall be responsible for payment of all applicable federal, state, and county
<br />taxes and fees which may'become due and owing by the CONTRACTOR by reason ofthis Contract,
<br />including but not limited to (i) income taxes, (ii) employment related fees, assessments, and taxes,
<br />and (iii) general excise taxes. The CONTRACTOR also is responsible for obtaining all licenses,
<br />permits, and certificates that may be required in order to perform this Contract.
<br />e. The CONTRACTOR shall obtain a general excise tax license from the Department of Taxation, State
<br />of Hawaii, in accordance with section 237-9, HRS, and shall comply with all requirements thereof.
<br />The CONTRACTOR shall obtain a tax clearance certificate from the Director of Taxation, State of
<br />Hawaii, and the Intemal Revenue Service, U.S. Department of the Treasury, showing that all
<br />delinquent taxes, if any, levied or accrued under state law and the Intemal Revenue Code of 1986, as
<br />amended, against the CONTRACTOR have been paid and submit the same to the STATE prior to
<br />commencing any performance under this Contract. The CONTRACTOR shall also be solely
<br />responsible for meeting all requirements necessary to obtain the tax clearance certificate required for
<br />final payment under sections 103-53 and 103D-328, HRS, and paragraph 17 of these General
<br />Conditions.
<br />The CONTRACTOR is responsible for securing all employee-related insurance coverage for the
<br />CONTRACTOR and the CONTRACTOR'S employees and agents that is or may be required by law,
<br />and far payment of all premiums, costs, and other liabilities associated with securing the insurance
<br />coverage.
<br />AG-008 Rev. 6/25/2007 2
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