Laserfiche WebLink
Consultant to provide services under this Agreement will not be considered <br /> employees of City for any purposes. <br /> The payment made to Consultant pursuant to the Agreement will be the full and <br /> complete compensation to which Consultant is entitled. City will not make any <br /> federal or state tax withholdings on behalf of Consultant or its agents, employees <br /> or subcontractors. City will not be required to pay any workers' compensation <br /> insurance or unemployment contributions on behalf of Consultant or its <br /> employees or subcontractors. Consultant agrees to indemnify City within thirty <br /> (30) days for any tax, retirement contribution, social security, overtime payment, <br /> unemployment payment or workers' compensation payment which City may be <br /> required to make on behalf of Consultant or any agent, employee, or <br /> subcontractor of Consultant for work done under this Agreement. At the City's <br /> election, City may deduct the indemnification amount from any balance owing to <br /> Consultant. <br /> 8. Subcontracting. Consultant will not subcontract any portion of the <br /> Services without prior written approval of City Manager or his /her designee. If <br /> Consultant subcontracts any of the Services, Consultant will be fully responsible <br /> 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 <br /> is for the acts and omissions of persons directly employed by Consultant. <br /> Nothing contained in this Agreement will create any contractual relationship <br /> between any subcontractor of Consultant and City. Consultant will be <br /> responsible for payment of subcontractors. Consultant will bind every <br /> subcontractor and every subcontractor of a subcontractor by the terms of this <br /> Agreement applicable to Consultant's work unless specifically noted to the <br /> contrary in the subcontract and approved in writing by City. <br /> 9. Other Consultants. The City reserves the right to employ other <br /> consultants in connection with the Services. Consultant shall have no <br /> responsibility for any work performed by other consultants. <br /> 10. Indemnification. Consultant will defend, indemnify and hold harmless City <br /> and its officers, agents, employees and volunteers from and against all claims, <br /> damages, losses and expenses including attorney fees arising out of the <br /> performance of the Services, caused in whole or in part by the willful misconduct <br /> or any negligent act or omission of the Consultant, any subcontractor, anyone <br /> directly or indirectly employed by any of them or anyone for whose acts any of <br /> them may be liable, except where caused by the active negligence, sole <br /> negligence, or willful misconduct of City. <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 <br /> City's self- administered workers' compensation is included as a loss, expense or <br /> cost for the purposes of this section. <br /> 3 <br /> 012011 <br /> C: \Documents and Settings \mgibbons \Local Settings \Temporary Internet Files \OLK10E\2011 004 Tree Maintenance <br /> Project (2).doc <br />