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Consultant for work done unde�this Agreement. At the City's election, City may deduct the reimbursable amountfrom anybalance owing to Consultant. 7. �tatus c�f Co�suitant. Consultant will perform the Setvices as an independent confractor and not as an employee of City. The persons used by Consultant to provide services under this Agreement shail not be considered employees of City for any purposes: 8. Su�,� ntracting. Consultant wili not subcontract any portion af the Services without praor written approval of Cihr Manager or his/her d�ignee. If Consultant su�ontracts any of the S��►ic;es, Consultarrt wili be fuily re,spansible to Cit�r for the acts and omissbns of Consultarrt's subc�oritractor and of the persons either di�ectly or indirectly employed by the suboontrector� as Cc�nsultanfi is for the acts and omissions af persons directly employed by Consuftant. Nothing oontained in this AgreemeM will cr+eate any contractual rel��onship befiroeen any subcontractor of Consuitant and Cit�r. Consuftant will be respon"sitile fa� payment'of subaontractors. Consultant will bind every subcorttracfor and ev.ery subcontra�tor of a suboontractor by the terms of this Agreement applicabie to ConsuitanYs work unless speci�cally noted to the contrary in the subcontracf and approved in wri�ng by City. 9. Other Con I�nts. City re.senres the righf'to employ other consultants in connection with tt�e Services: 10. Jndemnifica�on. Consuitant wiN defend, indemnify and hold harmless City and its o�icers� eg�rlts, empioyees; and �rolunteers from and against ali daims, damages, losses and e�enses induding.attomey fees arising out of the peiformance of the Services,caused in whole or in part by=ttie vuiliFul misconduct or any negligerit act or omiss�n of the Consu�ant, any subcontractor, anyone directly or ir�direC#ly employed by any of them or anyone for whose acts any of them may be liabie, except where caused by the sole negligence or willful misconduct of`City. The Parties expressiy 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 self-�iministe.red workers' compensa�on is inciuded as:a loss, expense o�cost for the purposes of'this section: The parties expressly agree that this section shall survive the expiration or ea�ly temnination of the Agreement. 11. Insurance. Consuitant shall obtain and maintain for the dura�on of the Agreement and any. and ap amendrr�ents, insurance against claims for injuries to persons or damege t4 property which may arise out of or in connection with performance of the Services by Consultant, Consulta�rt's agents, representatives, employees or subcuntractors. The insurance wiU be obtained from an insurance carrier that maintains an A.M.Best Rating ofi not�ess than A:Vii. Page 3 of 11 REY:07-15-16 RL ATTY/AGR.2016.190lAbilities United