Agmt15 Bellecci & Associates - Laserfiche WebLink

Browse Search

7. Status of Cansultant. Consultant wili perform the �ervices as an independent contract�or and not�s �n employee of City. The persons used by Consultant to provide services under this Agreement shall not be considered employees of Cify for any purposes. 8. Subcontrac#inq. Cansultant will not subcontract any portion of the Services without prior written approval of City Manager or his/her designee. If Consultant subcontract� any of the Services, Cansultant will be fully responsible to Gity for the acts and omissions of Gonsultant's subcon#ractor and af the persnns either directly ar indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persans directly employed by Consultant. Nothing cantained in this Agreement will create any contracfival relationship between any subcontractor of Consultant and City. Consultant will be responsible for paymenf of subcontrac#ors. Consultanf will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement appl'rcable to Consuttant's work unless specifically noted to the contrary in the subcontract and appcoved in writing by City. 9. Other Consultants. City reserves the right to employ other cansultants in connection with the Services. 10. Hold Harmless. Consultant shall, to the fullest e�ent allowed by law, with respect fo all services perFarmed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of #he Consultant, subcontraetor, or anyone directly or indirectly employed by any of them Qr anyone for whose acts any of them may be liable ("Claims"). Gonsultant will bear all losses, costs, damages, expense and liability of every kind, nature and description, including attorneys fees, experts fees, court costs and disbursements, that arise out of, pertain ta, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City sh�ll not apply to the extent that such Liability is caused by the soie negligence or willful miseonduct of the City. With respect to third party claims against the Consultant, the Consulfiant waives any and alJ rights of any type of express or implied indemnity against the (ndemnitees. However, notwifhstanding the foregoing, in accordance with California Civil Code Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or property af another, or violation of law. Furthermore, notwithstanding the forgoing, to the e�ctent this Agreement is a "construction contract" as defined by Califomia Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall nat apply when to do so would be prohibited by California Civil Code Section 2782. REV:02-24-15 VR Page 3 of 20 ATTY/AGR.2015.037/Bellecci&Associates-Middlefield UUD