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10.0 INDEPENDENT CONTRACTOR <br />It is the expressed intent of the parties that the Contractor is an independent contractor and not the <br />agent, employee or servant of the City, and that: <br />10.1. CONTRACTOR SHALL SATISFY ALL TAX AND OTHER <br />GOVERNMENTALLY IMPOSED RESPONSIBILITIES INCLUDING, BUT NOT <br />LIMITED TO, PAYMENT OF STATE, FEDERAL AND SOCIAL SECURITY <br />TAXES, UNEMPLOYMENT TAXES, WORKERS' COMPENSATION AND SELF- <br />EMPLOYMENT TAXES. NO STATE, FEDERAL OR LOCAL TAXES OF ANY <br />KIND SHALL BE WITHHELD OR PAID BY THE CITY. <br />10.2. CONTRACTOR IS NOT ENTITLED TO WORKERS' COMPENSATION <br />BENEFITS EXCEPT AS MAY BE PROVIDED BY THE INDEPENDENT <br />CONTRACTOR NOR TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS <br />UNEMPLOYMENT COMPENSATION COVERAGE IS PROVIDED BY THE <br />INDEPENDENT CONTRACTOR OR SOME ENTITY OTHER THAN THE CITY. <br />10.3. Contractor does not have the authority to act for the City, or to bind the City in any respect <br />whatsoever, or to incur any debts or liabilities in the name of or on behalf of the City. <br />10.4. Contractor has and retains control of and supervision over the performance of Contractor's <br />obligations hereunder and control over any persons employed by Contractor for performing <br />the Services hereunder. <br />10.5. The City will not provide training or instruction to Contractor or any of its employees <br />regarding the performance of the Services hereunder. <br />10.6. Neither the Contractor nor any of its officers or employees will receive benefits of any type <br />from the City. <br />10.7. Contractor represents that it is engaged in providing similar services to other clients and/or <br />the general public and is not required to work exclusively for the City. <br />10.8. All Services are to be performed solely at the risk of Contractor and Contractor shall take <br />all precautions necessary for the proper and sole performance thereof. <br />10.9. Contractor will not combine its business operations in any way with the City's business <br />operations and each party shall maintain their operations as separate and distinct. <br />11.0 ASSIGNMENT <br />Contractor shall not assign or delegate this Agreement or any portion thereof, or any monies due <br />to or become due hereunder without the City's prior written consent, which consent shall not be <br />unreasonably conditioned or withheld. <br />5 <br />