FULL AGENDA PACKET 2021-06-15 - Laserfiche WebLink

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standards of performance sct foith in the Recitals which may reasonably be expected by City_ 3. TERM This Agreement shall commence on the date first written above and continue firr two (2) years through June. 30, 2023, unless terminated earlier in accordancewitlr Section 15, below. This Agreement shall also eovcr any and all services provided by the Consultant to the City prior to the execution of this Agreement. The Term of the AeJ•eement may be extended by a writing executed by the City Manager and City Attorney_ 4. INDF.PFNDFNT CONTRACTOR Consultant shall, during the entire term of this Agreement, he construed to be an independent Consultant and not an employee ofthe City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint vcaiturc relationship, or to allow the City to exercise discretion or control over the protcssional rnanncr in which Consultant performs the services which are the subject matter of this Agreement: however, the services to be provided by Consultant shall he provided in a manner consistent with all applicable snauJards and regulations govenling such services_ Consultant shall pay all salaries and wages, employer's social security nixes_ unemployment instuance and similar taxes relating to employees and shall be respousiblc fur all applicable withholding, taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and pctpctual liccnsc for CitV to copy, usc, modify, reuse, or sublicense any and all copyrights, designs, and other imcllecutal property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or Bala magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consullant under this Agreement ("Documents & Data"). Consultant shall requite all subcontractors to agree in writing that City is granted a uou-exclusive and perpetual license for any Documents e$ Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all DOCtlrllent, & Data. Consultant makes no such representation and warranty in regard to Doetanents & Data which were provided to Consultant by the Cary. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within The, pnrpnses intended by this Agreement shall be at City's sole risk. G. INSURANCE Prior to irnilertakinr, performance of work under this Agr'eenrent, Consultant .Shall Iaintnin and shall require its subcontractors, irany, to oblain and maintain insurance as described below: a. Commercial General Liability Insurance. Consuham shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(,) and shall include, but not he City Council 22 — 15 6/1 of 9