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7. Sta#us of Consultant. Consultant wiii perform the Services as an independent contracfar and not as an empioyee of City. The persans used by Consultant to provide services und�r this Agreement shatl not be considered employees of City for ar�y purposes. 8. Subcontractinp. Consultant wili not subcantract any portion af #he Services without pri�or written approval of City Manager or hislher designee. If Consuitant subcontracts any nf the Services} Consu{tant wiil be fully responsibie to City for the acts and omissians af CQnsultant's subcontractor and of #he persons either direc�y or indirectly empiayed by the subcontractor, as Consuitant is for the acts and omissi�s of persans directly employed by Consultant. Nothing cantained in this Agr�ement will crea#e any contractual relationship between any s�bcontractor of Gonsultant and Gity. Consultant wiil be responsible for payment of su�contractors. Consultant wi11 bind every subcontractar and every subcontractar af a subcontractor by the terms of this Agreement applicable ta Consultant's work unless specificafly noted ta the cantirary in the subcontract and approved in writing by City. 9. Other Consultants. Gity reserves the right to emptoy other consultan#s in connection with th� 5ervices_ 10. Indemn�ication. Consultant will defend, indemnify and hoid harmless City and its officer�, agents, employees and volunteers from and against aN claims, damages, fosses anc� expenses including attomey fees arising out of the performance of the Senriaes, caused in who[e ar in part by the willful misconduc# or any negligent act or omission af the Consultant, any subcontractor, anyone directly or indirectly employed b�r any of fhem or anyone for whose acts any of them may be liable, except where caused by the sole negt�gence or wilifut misconduc#of City. The Partie� expressfy agree that any reasanable payment, attomey's fee, cost ar expense City incurs or makes to or on behalf of an injured emptoyee under the Gity's self-administered workers' compensation is included as a toss, expens+� or cost fc�r the purposes of this sectian. The parkies expressly agree that this section shall survive the expiration or early termination of the Agreement. 11. lnsura�nce. Consultant shatl obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise ou# of or in connec#ion with perFormance of the Services by Consuttant or Consultant's agen#s, representatives, employees ar subcon#ractors. The insurance carrier is required to maintain an A.M. Best rating of not iess than "A-:Vlt". 11.1 Covera�es and Limits. Consultant, at its sole expense, shalf maintain the types of coverages and minimum limits indicated belaw, unle$s oth�rwise Page 3 of 10 FCEV:07-21-15 MlG ATTYfAGR.2015.i44/America SCORES, Say Area