Agmt15 David J. Powers & Associates, Inc.

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persons directiy empioyed by Consu(tant. Nothing cantained in this Agreement will create any contractual r�;lationship between any subcon#ractor of Consultant and City. Consultant wiif be responsi�le for payment of subcontractors. Cansuitant will bind every subeontractor and every subcantrac#or af a subc.�ntractor by the terms of this Agr�emer�t applicable ta Consultant's work unless specifically na#ed ta the cantrary in the sub�on#ract and approvsd in w�iting by City. 9. CJther Consu[tants. The City reserves th� right to emplay other ct�nsu(tants in GOC1f1k:C�1011 WI��t �h� S�NiG�S. 10. Hold Harrnless. Gbnsul#ant sh�ll, ta the fullest extent al[awed by law, with r�s�ect to all services performed in cannection with this Agreement, indemnify, and hold City its officers, employees, agents, and volunteers, harmisss fram and against any and al! losses, costs, damages, expense and liability that arise out ofi, per#ain to, ar relate to ths negligence, recklessness, ar willfiul miscc,nduct caf the Cansul#ant, �ubcontractar, c�r anyone employed by any of them or anyone far whase acts any of them may be liable ("Ckaims"). Consultant wikl bear all lasses, costs, damages, expense and liability of every kind, nature and description, �ncluding attarney's fees, experts #ees, court costs and disbursernents, that �rise out of, pertain ta, or relate ta such Glaims �"Liability'>}. Such e�b(igations ta d�fend, h�ald harmless and ir�d�mnify the �ify shall not apply ta the ex#ent that such Liability is caused by the negligence or willful miscon�iuct of the City. With respect to third party claims against the Consult�nt, the Cansultant waives any and all rights of any type of express or �mp�ied indemnity against the Indernnitees. Hawever, natwithstanding the far�going, in r�CCOfC�c�CICE with California Civil Cade Sectian 'l668, nathing in this Agreement shall be construed to exempt the City from its own fraud, willful injury ta the person or praperty af anather, or violation af law. Furtherrnc�re, natwithstanding the fr�rgoing, ta the e�ent this Agreement is a "constructian contract" as defined by Califomia Civil Cnde section 2783, as may be amended fram time to time, such duties af Consultant to ind'emnify shalf nat apply when to do so would be prohibited by California Givil Cade Section 2782. Nathing herein contained in this Agreement shall be construed tc� require Gansultant to indemnify Indemnitees against any responsibility ar liability in contraven#ion of C�lifornia Civil Code Seetion 2782.8. The Parties expressly agree that any reasanable �aayment, attorney's fee, cost or ex�ense City incurs or makes to or on behalf of an injured �mployee und�r the City's $elf-administered workers' compensa#ic�n is included as a lass, expense or cast for the purposes of this section. The Parties expressly agree that this sectian shall survive the expiration or early termination of the Agreement. ftEV:49-49-15 Ml� Page 3 of 12 ATTYIAGR.201�,2161t3avid J. Pvwers 8�Associates