Resolution 2025-71 - Laserfiche WebLink

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services under this Agreement, the extent of the Consultant's duty to defend, indemnify and hold harmless the City, and its elected and appointed officials and employees as set forth in this section may be determined only after the Consultant's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the parties, as provided by C.R.S. § 13-50.5-102(8)(c). 9.0 QUALITY OF WORK Consultant's professional services shall be in accordance with the prevailing standard of practice normally exercised in the performance of services of a similar nature in the Denver metropolitan area. 10.0 INDEPENDENT CONTRACTOR It is the expressed intent of the parties that the Consultant is an independent contractor and not the agent, employee or servant of the City, and that: 10.1. Consultant shall satisfy all tax and other governmentally imposed responsibilities including but not limited to, payment of state, federal, and social security taxes, unemployment taxes, worker's compensation and self-employment taxes. No state, federal or local taxes of any kind shall be withheld or paid by the City. 10.2. Consultant is not entitled to worker's compensation benefits except as may be provided by the Consultant nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the Consultant or some entity other than the City. 10.3. Consultant does not have the authority to act for the City, or to bind the City in any respect whatsoever, or to incur any debts or liabilities in the name of or on behalf of the City. 10.4. Consultant has and retains control of and supervision over the performance of Consultant's obligations hereunder and control over any persons employed by Consultant for performing the Services hereunder. 10.5. The City will not provide training or instruction to Consultant or any of its employees regarding the performance of the Services hereunder. 10.6. Neither the Consultant nor any of its officers or employees will receive benefits of any type from the City. 10.7. Consultant represents that it is engaged in providing similar services to other clients and/or the general public and is not required to work exclusively for the City. 5