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construed to extend to any injury, loss, or damage which is caused by the act, omission, <br />or other fault of the City. <br />9.0 QUALITY OF WORK <br />Consultant's professional services shall be in accordance with the prevailing standard of <br />practice normally exercised in the performance of services of a similar nature in the <br />Denver metropolitan area. <br />10.0 INDEPENDENT CONTRACTOR <br />It is the expressed intent of the parties that the Consultant is an independent contractor <br />and not the agent, employee or servant of the City, and that: <br />10.1. Consultant shall satisfy all tax and other governmentally imposed responsibilities <br />including but not limited to, payment of state, federal, and social security taxes, <br />unemployment taxes, worker's compensation and self-employment taxes. No <br />state, federal or local taxes of any kind shall be withheld or paid by the City. <br />10.2. Consultant is not entitled to worker's compensation benefits except as may <br />be provided by the Consultant nor to unemployment insurance benefits <br />unless unemployment compensation coverage is provided by the <br />Consultant or some entity other than the City. <br />10.3. Consultant does not have the authority to act for the City, or to bind the City <br />in any respect whatsoever, or to incur any debts or liabilities in the name of or <br />on behalf of the City. <br />10.4. Consultant has and retains control of and supervision over the performance <br />of Consultant's obligations hereunder and control over any persons employed <br />by Consultant for performing the Services hereunder. <br />10.5. The City will not provide training or instruction to Consultant or any of its <br />employees regarding the performance of the Services hereunder. <br />10.6. Neither the Consultant nor any of its officers or employees will receive benefits <br />of any type from the City. <br />10.7. Consultant represents that it is engaged in providing similar services to other <br />clients and/or the general public and is not required to work exclusively for the <br />City. <br />10.8. All Services are to be performed solely at the risk of Consultant and Consultant <br />shall take all precautions necessary for the proper and sole performance thereof. <br />5 <br />