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<br />7A <br />Page 9 <br /> <br />8. Contract Administration. The Project Manager for Consultant's scope of work , <br />Lisa Brownfield, will be in charge of the project on all matters relating to this Agreement <br />and any agreement or approval made by her shall be binding on Consultant. Lisa <br />Brownfield shall not be replaced under any circumstances without prior written approval <br />of City. Should Lisa Brownfield no longer be employed by Consultant, or prove to be <br />unsatisfactory to City, Consultant agrees that City reserves the right to approve her <br />replacement. <br /> <br />9. Subcontractina. Consultant has retained the subcontractors listed within Exhibit <br />"A" attached hereto and made a part hereof to perform certain portions of the Scope of <br />Work. Each subcontractor has listed .each person who is to perform the specified work <br />of the subcontractor. No subcontractor shall replace any named person under any <br />circumstances without the prior written approval of City. Should any named person of a <br />subcontractor no longer be employed by the subcontractor, or prove to be <br />unsatisfactory to City, Consultant agrees that City reserves the right to approve each <br />replacement person. Other than as herein provided, Consultant will not subcontract any <br />portion of the Scope of Services without prior written approval of City Manager or <br />his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully <br />responsible to City for the acts and omissions of Consultant's subcontractor and of the <br />persons either directly or indirectly employed by the subcontractor, as Consultant is for <br />the acts and omissions of persons directly employed by Consultant. Nothing contained <br />in this Agreement will create any contractual relationship between any subcontractor of <br />Consultant and City. Consultant will be responsible for payment of subcontractors. <br />Consultant will bind every subcontractorand.every subcontractor of a subcontractor by <br />the terms of this Agreement applicable to Consultant's work unless specifically noted to <br />the contrary in the subcontract and approved in writing by City. <br /> <br />10. Other Consultants. The City reserves the right to employ other consultants in <br />connection with the Services. <br /> <br />11. Indemnification. Consultant will defend, indemnify and hold harmless City and its <br />officers., agents, employees and volunteers from and against aU claims, damages, <br />losses and expenses including attorney fees arising out of the performance of the <br />Services, caused in whole or in part by the willful misconduct or any negligent act or <br />omission of the Consultant, any subcontractor, anyone ,directly or indirectly employed by <br />any of them or anyone for whose acts any of them may be liable, except where caused <br />by the active negligence, sole negligence, or willful misconduct of City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, cost or <br />expense City incurs or makes to or on behalf of an injured employee under the City's <br />self-administered workers'compensation is included as aloss, expense or cost for the <br />purposes of this section, and that this section will survive the expiration or early <br />termination of the Agreement. <br /> <br />Agreementover$10K 3 <br />City Attorney Approved Version 111803 <br />