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6.1 B <br /> Page 8 <br /> 7. Status af Consuftant. Consultant will perform the Services in Consultan#'s as an <br /> independent contractor and not as an employee of City. The persons used by <br /> Consultant ta provide services under this Agreement shal!not be considered employees <br /> of City for any purposes. <br /> 8. Subcontractinct. Consultant will not subcontract any portion of the Services <br /> without prior wr�tten appraval of City Manager or his/her designee. If Consuttant <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 #he persons either directly or <br /> indirectly employed by the subcontractor, as Consultant is for the acts and omissions af <br /> persons directly employed by Consultant. Nothing contained in this Agreement will <br /> create any contractua{ relationship between any subcontractor of Consultant and City. <br /> Consultant will be responsible for payment of subcontractors. Consultant will bind every <br /> subcontractor and every subcontractor of a subcontractor by the terms of this <br /> Agreement appficable to Cc�nsultant's work unless specifical�y noted ta the contrary in <br /> the subcontrac#and approved in writing by City. <br /> 9. Other ConsuEtanfs. City reserves the right to employ other consultants in <br /> connection with the Services. <br /> 10. Indemnification. Consultant will defend, indemnify and hold harmless City and its <br /> officers, agents, employees and volunteers fram and against all claims, damages, <br /> losses and expenses including attorney fees arising aut of #he performance of the <br /> Services, caused in whole or ir� pa�t by t�e willful misconduct or any negligent act or <br /> omission of the Consultant,any subcontractor,anyone directly or indirectly emp(oyed by <br /> any of them or anyone far whose acts any of them may be liable, except where caused <br /> by the active negEigence,sole negligence,or wi�lful misconduct of City. <br /> The Parties expressly agree that any reasonable payment, a�torney'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 cast far fihe <br /> purposes of this section. <br /> The parties expressly agree that this section shall survive the expiration or early <br /> termination of the Agreement. <br /> 11. Insurance. Cansultant shall obtain and maintain #or the duration of the <br /> Agre�ment and any and all amendments, insurance against claims for injuries to <br /> persons or damage ta property which may arise out of or in connection with <br /> performance of the Services by Consultant or Consultant's agents, representatives, <br /> employees ar subcontractors. The insurance wiEl be obtained from an insurance carrier <br /> admitted and authorized to do business in the State of California. The insurance carrier <br /> is required to have a current Best's Key Rating of not less than"A-:V." <br /> 11.'� Coveraqes and Limits. Consultant, at its sole expense, shall maintain the <br /> types of coverages and minimum Eimits indicated below,unless the Risk Manager <br /> Agreement over$10K 3 <br /> City Attorney Approved Version 031210 <br />