Agmt15 Kings Swim Academy, Inc - Laserfiche WebLink

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stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's officers or employees. Consultant acknowiedges the importance to City of City's projec# sehedule and agress to use its best professional efforts to meet the schedule. City understands that Consultant's perFormance must be gavemed by sound praetices. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Com�ensation. The Consultant shall fully reimburse the City for ail casts listed in Exhibit A as well as perForm community benefit programming as listed in Exhibit A. In consideration for the Senrices to be perFormed by Consultant as listed on Exhibit A, the City agrees to perform those City duties listed on Exhibit A. 7. Status of 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 shatl not be considered employees of City for any purposes. 8. Subcontractinp. Consultant will not subcontract any portion of the Services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any af the Services, Consultant will be fully responsible to City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly emplayed by the subcontractor, as Consultant is for the acts and omissions of persons directly emplayed by Consultant. Nothing contained in this Agreement will create any contractual relationship betwes� any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcantractor of a subcontractor by the terms ofi this Agreement applicable to Consultant's work uNess specifically noted to the contrary in the subcontract and approved in writing by City. 9. Other Consultants. City reserves the right to employ other consultants in connection with the Services. 10. (ndemnification. Consultant will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, lasses 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 amission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of City. The Parties expressly agree that any reasonable payment, attomey's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's REV:03-10-15 MLG Page 2 of 9 ATTY/AGR.2015.0�46/King's Swim Academy, Inc.