Agmt15 KITCHELL/CEM, INC. - Laserfiche WebLink

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City's election, City rnay deduct the reimbursable amount from any balance owing to Consultant: , 7. Personnel'. Consultant initially designates Dolores Montenegro as the assigned Project Manager to provide the Services. Consultant will not employ or otherwise' incur any obligation to pay other persons for such Services without the prior written approval of the City's Community Development Director. 8. ' Status ofi Consultant. Consultant will perform the Services as an independent contractor and not as an employee of City. The'persons used by Consultant to provide services under ,this Agreement shall not be considered employees of City for any , purposes. 9. Subcontr�ctinq. Consultant will not subcontract 'any portion of the'' Services without prior written approval of City Manager or his/her designee. If 'Consultant ;subcontrac#s any of the Services, Consultant will be fully responsible to City for the acts and omissions of Consultant's subcontractor and of the persons either directly br indirectly employed by the subcontractor, as Consultant is'for the acts and'omissions of ' persons directty employed by Consultant: No#hing contained in this Agreement will create any, contractual relationship between any'subcontractor of Consultant and City. Consultan#will be responsible for payment of subcontractors. Consultant`will bind every subcontractor and every subcontractor''of a 'subcontractor by' the terms' of 'this Agreement applicable to Consultant's work unless specifically noted to the contrary in the su6contract and approved in writing by City. 10. C)ther Consultants_ City reserves the right to employ other 'consultants in connection with the Senrices.' 11. , Indemnification. Consultant will defend, indemnify and hold harmless City and its 'offic�ers, agents, employees and volunteers from and against all claims, damages, losses and' expenses including attomey fees arising out of the'performance of the Services, caused in whole or in part,by the willful misconduct or any negligent act' or omission of the Consultant, any subcon#ractor, anyone directly or indirectly employed by ' any of them or anyone for whose acts any'ofi them may be liable, except where'caused by the sole negligence or willful misconduct of City. The Parties expressly agree tfiat any reasonable,, payment, attomey's fee,, cos# or ,expense City incurs or makes to or on behalf of an `injured employee under the City's' self-administered worksrs' compensation is included as a loss, expense or cost for the purposes of this section. , The parties expressly agree that this :sec#ion''shall 'survive the' expiration' or early termination of the Agreemen#. , REV:02-11-15 VR ' Page 3 of i1 ATTY/AGR.2015.028JKITCHELUCONSTRUCTION MANAG�MENT SERVICES