FULL AGENDA PACKET_2021-04-06 - Laserfiche WebLink

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EXHIBIT 1 4. RESERVED 5. INDEPENDENT CONTRACTOR Subcontractor shall, during the cutne tam of this HEAP Agreetent, be cousuved to Tie an it contractor and not in a»pIoyce ofthe Contractor. This H k A P Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the protcssional manner in which Subcontractor performs the services which are the subject matter of this HEAP Agreement, however, the services to be provided by Subcontractor shall be provided in a manner cnnsisrent with all applicahlo standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes. unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes_ 6. OWNERSIIIP OF MATERIALS This HEAT' Agreement creates a non-exclusive and perpelual license I61- Conu-aclor to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property cmbodicd in plans, specifications, sntclics, drawings, estimates, and other doenment, or works of authorship fixed in any tangible medium of expression, including but not limitcd to. physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this TTEAP Agreement (-Documents & Dana"). Subcontractor shall require all subconu-aclors to agree in writing than Contractor is granted a non-exchuive and perpetual license for any Document; & Data the subcontractor prepares under this I I I•:AP Agreement. Subcontractor represents and warrants That Subcontractor has the legal right Lo license any and ;ill Documents & Daia. Subcontactor males no such representation and warranty in regard to Documents & Data which were provided to Subcontractor by the Contractor. Contractor shall not be limited in any way in its use of the Documents and Data at an_y tine, provided that any such use not within the purposes intended by this 11EAP Agreement shall be at Contractors sole risk. 7. INSURANCE Prior to undertaking performance of work under this HEAP Agreement, Subcontractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a, Commercial Cicneral Liability Instuance. Stbcontactor shall maintain connnercial general liability insurance naming the Contractor, its oflTcers, employees, agents, volunteers and representatives as additional inhurod(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Subcontractors operations in the performance of this IIEAP Agreement, including, without limitation, acts involving vehicles. The antormts of insurance shall be not less than the billowing: single limit coveragee applying to bodily and personal iniury, including death resulting 3 City Council 23 — 5 416/2021