FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

Home Browse Search

3. TLRM This Agrecrnurt shall cotnrnanec on the date lust written above and continue fur a three-year terra until July 5, 2024, with the option for the City to grant trp to ogle (1) two (2) year renewal, exercisable by it writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to he an independent Consultant and not an employee of the City- This AgreenIell L is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the protessional maxilla ill which Consultant performs the services which are the subject matter of this Agreement; however, the scrviecs to be provided by Consttliant shall be provided in a manner consistent with all applicable Alandards and regulations governing such services- Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to cntployccs and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agrccmait creates a non-exclusive and perpetual license tut City to Copy, usc, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, eslimales, and other documents or works of authorship fixed in any tangible medium of expression, including but not linriLed in, physical drawings or data magnetically or othciwisc recorded on urnrputcr diskettes, which are prcparcd or eauscd to be prepared by Consultant under this Agreement ("Doeumctrts & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the suhcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such represeruation and warranL-y in regard to Documents K Data which were provided to Consultant by the City. City shall not be limited in any way in its rise of the Documents and Data at any tine, provided that any such use not within the purposes intended by this Agreemenl shall be at City's sole risk. The parties Ahall also be subjCCL to dre Electronic Transfer Regulations attached hereto as Exhibit C and incorpordled hcrvin by reference. 6. INSURANCE Prior to undertaking perlorrnance of work under this Agreement, Consultatnt shall maintain and shall require its subcontractors, if any, to obtain and maintain insutancc as described below: a. Commercial General Liability lusurauce. Consultant shall maintain Commercial general liability insurance naming the City, its officers, employees, agents, volunleers and represenlalives as additional insured(s_) and shall include, bill nol be limited to protection against claims arising from bodily and personal injury, ineluding death resulting therefrom and damage to property, resulting from any aet City Council 18 — 5 7/W €02Z1of9