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Contractor's indemnification obligation shall not be construed to extend to any injury, loss, <br /> or damage which is caused by the act, omission, 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 Contractor is an independent contractor <br /> and not the agent, employee or servant of the City, and that: <br /> 10.1. CONTRACTOR SHALL SATISFY ALL TAX AND OTHER GOVERNMENTALLY <br /> IMPOSE RESPONSIBILITIES INCLUDING, BUT NOT LIMITED TO, PAYMENT <br /> OF STATE, FEDERAL AND SOCIAL SECURITY TAXES, UNEMPLOYMENT <br /> TAXES, WORKERS' COMPENSATION AND SELF-EMPLOYMENT TAXES. NO <br /> STATE, FEDERAL OR LOCAL TAXES OF ANY KIND SHALL BE WITHHELD <br /> 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 <br /> respect whatsoever, or to incur any debts or liabilities in the name of or on behalf <br /> of the City. <br /> 10.4. Contractor has and retains control of and supervision over the performance of <br /> Contractor's obligations hereunder and control over any persons employed by <br /> Contractor for performing the Services hereunder. <br /> 10.5. The City will not provide training or instruction to Contractor or any of its <br /> employees regarding the performance of the Services hereunder. <br /> 10.6. Neither the Contractor nor any of its officers or employees will receive benefits of <br /> any type from the City. <br /> 10.7. Contractor 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 City. <br /> 10.8. All Services are to be performed solely at the risk of Contractor and Contractor <br /> shall take all precautions necessary for the proper and sole performance thereof. <br /> 5 <br />