AgdaPkt 2012-11-19 - Laserfiche WebLink

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6.1. D. - Page 5 7. Status of Consultar�t. Consultant wi[I perForm the Servic�s as an independent � contracfor and not as an emplayee of City. The persons used �y Consultant to pro�ide services under this Agreement shall not be co�sidered er► of City for any p�rpases. 8. 5ubcontracti�q. Consultant will not subcontract any portion of the Services without prior written appra�al af City Manager or hislher designee. If Consultant subcontracts a�y of the 5ervices, Consultant will be fully responsible to City for the acts and omissions of Cansultant's su�cantractor and of the persons either directfy or indirectly employed by the subcon�ractor, as Consultar�t is for the acts and omissions of persons directly employed by Consultant. Nothi�g eontained in this Agreement will create any contractual relationship between any subcontrac#or �f Consultar�t and City. Consultant will b� respansible for payment of subcontractors. Consultant will bind every subcontractor and e�ery subcontractor of a subcar�tractor by the terms of this Agreement applicable to Consultant's woric unless specifically noted to the contrary in the subcor�tract and appro�ed in writirtg by City. 9. Other Consuitar�ts. City reserues the right to employ other consultants in connection with the Services. 10. Indemnificatian. Consultant will defend, ir�demnify ar�d hold harmless City and its officers, agents, employees and volur�teers from and against all claims, damages, losses and �xpenses including attarney �ees arising out of the perFormance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of th� Consul#ant, a�y subcontractor, anyone directly or indi� employed by any of them or ar�yane for whose acts any of them may be liable, except where caused by tha acti�e r�egligence, sole negiigence, ar willful misconduct of City. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City ir�curs or makes to or an behalf of an injured empioyee under the City's self-administered workers' compensation is included as a loss, exper�se or cost for the purposes of this section. The parties expressly agree that this section shall survive the expiration or early terminati�n of the Agreement. 11. Insurance. Cor�sultant shall obtain and maintain for the duration of the Agreemer�t and any and all amendments, insurar�ce against claims far injuries to persons or damage to prop�rty which may arise out of or ir� conr�ection with pertormance of the 5ervices by Consultant ar Consulfant's agents, representatives, employees or subcontractors. The insurance will be obiained from an insurance carrier authorized to do business in the State o# Califarnia. The ins�rance carrier is req�ired to ha�e a current Best's Key Rating of nat less than "A-:V." 11.1 Caverages and Limits. Consultar�t, at its sole expense, shall maintain the types of co�erages and minimum limits indicated below, unless the Risk Manager or City Manager, in cor�sultation with the City Attorney, appro�es a lower amount. ATT`(IAGR.20'f2.1751C�M SMITH INC. 12EV: 11-1-12 Vf2 Page 3 of 19