FULL AGENDA PACKET 2021-06-15 - Laserfiche WebLink

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3. TLRM This Agreement shall coinrnutcc on .lul-y I, 2021 and continuC fur two (2) )'cai- tluough June 30, 2023, unless terminated carlict in accordance with Section 15, below. I his Agreement shall also cover any and all services provided by the Consultant to the City prior to the execution of this Agreement- The Term of the Agreement may be extended by a writing execuled by the City Manacr and City Attorney. 4. INDEPENDENT CONTRACTOR (An5Ltltanl shall, during the entire term of this Agreement, be consu-ued to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be Cotlstrued to create an employer -employee relationship, a joist[ venture relationship, or to allow rile City to exercise discretion or control over the professional manner in which Consultant performs the services which are file subject maller of this Agreement; however, the services to be provided by Consultant shall be. provided in a manner consistent with all applicable standards and regYulations governing such services. Consultant shall pay all salaries and wages, employer's social security tares, unemplo-yinent insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual properly 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 data magnetically or otherwise recorded on Computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any DOCwnenls &Data the Suhconn-actor prepares under this Agreement. Consultant represents and wart -ants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warraut-y in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its trse of Lhe Documents and Dula at any lime, provided that any such use not within Lhc purposesmcny this A idcd bgreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance- CorlSultarrrt shall maintain commercial general liability insurance teaming the City, its ottieers, employees, agents, volunteers and represauatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefiarn and damage to property, resulting from any act or Occurrence arising out of Consultant's operations in the perfonnancc of this City Council 22 — 116 6/1 FW of 9