City Council

14. INDEPENDENT CONTRACTOR\n(a) CONSULTANT is and shall at all times remain as to the CITY a wholly\nindependent contractor. The personnel performing the services under this AGREEMENT on\nbehalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and\ncontrol. Neither CITY nor any of its officers, employees, or agents shall have control over the\nconduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except\nas set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner\nrepresent that it or any of its officers, employees, or agents are in any manner officers,\nPage 39\nPlaceworks Contract\n16300 Euclid Street – Euclid & Heil Residential Project\nPage 8 of 18\nemployees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur\nany debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner.\n(b) No employee benefits shall be available to CONSULTANT in connection with\nthe performance of this AGREEMENT. Except for the fees paid to CONSULTANT as\nprovided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation\nto CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for\ncompensation or indemnification to CONSULTANT for injury or sickness arising out of\nperforming services hereunder.\nIn addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify,\ndefend, and hold CITY harmless from claims or liability arising from CONSULTANT’s\nemployees for CITY benefits including, but not limited to, pension, health benefits, holiday,\nvacations, etc.