Common use of Status of Consultant Clause in Contracts

Status of Consultant. The Parties agree that CONSULTANT (and any subconsultants), in performing the services herein specified, shall act as an independent contractor and shall have control of all work for which CONSULTANT is responsible, and the manner in which it is performed. CONSULTANT shall be free to contract for similar service to be performed for other employers while under contract with CITY, provided that such work does not create a conflict of interest. CONSULTANT shall have no right or power to bind the CITY to any contracts or agreements with third parties. CONSULTANT is not an agent or employee of the CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides for its employees. However, the CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all services done on behalf of the CITY. In the event CONSULTANT or an employee, agent, or subconsultant of CONSULTANT providing services under this Agreement is determined by a court of competent jurisdiction with the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONSULTANT shall indemnify, protect, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or their employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which might otherwise be deemed the responsibility of the CITY.

Status of Consultant. The Parties agree that CONSULTANT (and any subconsultants), in performing the services herein specifiedspeci- fied, shall act as an independent contractor and shall have control of all work for which CONSULTANT is responsiblerespon- sible, and the manner in which it is performed. CONSULTANT shall be free to contract for similar service to be performed for other employers while under contract with CITY, provided that such work does not create a conflict of interest. CONSULTANT shall have no right or power to bind the CITY to any contracts or agreements with third parties. CONSULTANT is not an agent or employee of the CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides for its employees. However, the CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all services done on behalf of the CITY. In the event CONSULTANT or an employee, agent, or subconsultant of CONSULTANT providing services under this Agreement is determined by a court of competent jurisdiction with the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONSULTANT shall indemnify, protect, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or their employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which might otherwise be deemed the responsibility of the CITY.