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<br />independent contractor, any person who is or has been employed by Consultant. <br />Should City desire to hire Consultant's employee, the City agrees to pay Consultant <br />equitable compensation for the loss of said employee. <br /> <br />8. SubcontractinQ. Consultant will not subcontract any portion of the Services <br />without prior writtenapprovaf of City Manager or his/her designee. If Consultant <br />subcontracts any of the Services, Consultant will be fully responsible to City for the acts <br />and omissions of Consultant's subcontractor and of the persons either directly or <br />indirectly employed by the subcontractor, as Consultant is for the acts and omissions of <br />persons directly employed by Consultant Nothing contained in this Agreement will <br />create any contractual relationship between any subcontractor of Consultant and City. <br />Consultant will be responsibJefor payment of subcontractors. Consultant will bind every <br />subcontractor and every subcontractor ofa subcontractor by the terms of this <br />Agreement applicable to Consultant's work unless specifically noted to the contrary in <br />the subcontract and approved in writing by City. <br /> <br />9. Other Consultants. The City reserves the right to employ other consultants in <br />connection with the Services. <br /> <br />10. Indemnification. Consultant will defend, indemnify and hold harmless City and its <br />officers! agents, employees and volunteers from and against all claims, damages, <br />Josses and expenses including reasonable attorney fees arising Qutof the performance <br />of the Services, to the extent caused 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 negligence or willful misconduct of City. <br /> <br />City will defend, indemnify and hold harmless Consultant and its officers, agents, <br />employees and subcontractors from and against all claims, damages, losses and <br />expenses including reasonable attorney fees arising Qutof the performance of this <br />Agreement, to the extent caused by the willful misconduct or any negligent act or <br />omission of the City, its officers, agents, employees and designated volunteers except <br />where caused by the negligence or willful misconduct of Consultant. <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 a loss, 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 />11. Insurance. Consultant will obtain and maintain for the duration of the Agreement <br />and any and aU amendments, insurance against claims for injuries to persons or <br />damage to property which may arise out of or in connection with performance of the <br />Services by Consultant or Consultant's employees. The insurance will be obtained from <br />an insurance carrier admitted and authorized to do business in the State of California. <br /> <br />Agreement over $10K 3 <br />City Attorney Approved Version 111803 <br /> <br />0\ vv^ <br />