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6.4.E. - Page 7 <br /> 7. Personnel. Consultant initially designates Dolores Montenegro as the assigned <br /> Project Manager to provide the Services. Consultant will not employ or otherwise incur <br /> an obligation to pay other persons for such Services without the prior written approval of <br /> the City. <br /> 8. Status of Consultant. Consultant will perform the Services as an independent <br /> contractor and not as an employee of City. The persons used by Consultant to provide <br /> services under this Agreement shall not be considered employees of City for any <br /> purposes. <br /> 9. Subcontractinq. Consultant will not subcontract any portion of the Services <br /> without prior written approval 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 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 contrary in <br /> the subcontract and approved in writing by City. <br /> 10. Other Consultants. City reserves the right to employ other consultants in <br /> connection with the Services. <br /> 11. Indemnification. Consultant will defend, indemnify and hold harmless City and its <br /> officers, agents, employees and volunteers from and against all 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 /> 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. <br /> The parties expressly agree that this section shall survive the expiration or early <br /> termination of the Agreement. <br /> 12. Insurance. Consultant shall obtain and maintain for the duration of the <br /> Agreement and any and all amendments, insurance against claims for injuries to <br /> persons or damage to property which may arise out of or in connection with <br /> performance of the Services by Consultant or Consultant's agents, representatives, <br /> employees or subcontractors. The insurance will be obtained from an insurance carrier <br /> ATTY/AGR/2012.097/VANIR CONSTRUCTION MANAGEMENT AGREEMENT <br /> REV: 07-25-12 VR <br /> Page 3 of 23 <br />