Agmt14 Abilities United - Grant to run Hoover pool swim lessons

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_ _ __ � _ � ..�..�.�,�. � �� i � . ; i � i i stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's � officers or employees. I Consuitant acknowledges the importance to City of City's project schedule and agrees � #o use its best professional efforts to meet the schedule. City understands that i Consultant's performance must be govemed by sound practices. I 5. Time is of the Essence. Time is of the essence for each and every provision of i this Agreement. � I 6. Compensation. !n consideration for the Services to be performed by Consultant ' as listed on Exhibit A, the City agrees to perform those City duties listed on Exhibit A. � There shall be no other payment or compensation required from City to Consultant to � ensure Consultant's completion of Services listed an Exhibit A 7. Status of Consultant. Consultant will perform the Services as an independent contractor and not as an employee of City. The persons used by Consultant to provide services under this Agreement shall not be considered employees of City for any I purposes. � 8. Subcont�actin4. Consultant will not subcontract any po�tion of the Services without prior written approval of City Manager or his/her designee. If Consultan# subcontracts any of the Services, Consu[tant wiEl be fully responsible to Ciky for the acts and omissions of Consuitant's subcontractor and of the persons ei#her directiy or indirectly employecf by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship befin►een any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant wilf bind every subcontractor and every subcon#ractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. Other Consultants. City reserves the right to employ other consultants in connection with the Services. 10. Indemnification. Consultant wifl defend, indemnify and hoid harmless City and its officers, agents, employees and vofunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the i Services, caused in whole or in part by the willful misconduct or any negligent act or i omission of the Consultant, any subcontractor, anyone directly or indirectly employed by ' any of them or anyone for whose acts any of them may be liable, except where caused ; by the sole negligence or willful misconduct of City. ', The Parties expressty agree that any reasonable payment, attorney's fee, cost or �; expense City incurs or makes to or on behalf of an injured employee under the City's � ATTY/AGR/2014.059/ABILITIES UNITE� Page 2 of 9 � REV:05-05-14 MGL � i I i i