FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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3. TLRM This A-recmeni shall wrnmurcc on the date first written above and CortinuC ILr a thtec- year term until July 5, 2024, with the option tor the City to gi.3rlt up to one (1) two (2) year renewal, exercisable by a writing by the Cily Manager and the City Attorney, unless terminaled earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, he construed to be an independent Consultant andnot an employee of the laity_ This Agi-eerrrent is not intentlednor shall it be construed to create an employer -employee relationship, a joint ventture relationship, or to allow the City to exercise discretion or control over the protcssional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consullant shall be provided in a manner consislenl with all applicable standards and rrUulations governinU such Services_ Consultant shall pay all salaries and wages, employer's social security [axes, ttnenrploynrent insurance and similar taxes relating to cruployces and shall be responsible for all applicable witliholding taxes. 5. OWNERSHIP OF MATERIALS This Agrccmatt creates a nun -exclusive and perpetual license fur City to Copy, Lose, modify, reuse, or sublicense any and all copyrights, designs, and other intellecntal property embodied in plans, specifications, sludies, drawings, eslimales, and other documents or works of authorship lixed in any Lanuible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or Causal to be preparers by Consultant under this Agreement ("DoCutnenls & 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 subcontractor prepares under this Agreement. Consullant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no suCh represenuation and warranty in regard to Documents & Data which were providccl to Consultant by the City. City shall not be limited in any way in its use of the Documerts and Data at any time, provided that any such use not within the purposes intended by this Agreemenl shall be at City's sole risk. 6. INSURANCE Prior to underntking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if arrv, to obtain and maintain insurance as described below - it. CornmerCial General I,ial,ility Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(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 properly, resuhing from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, aus involving vehicles. The amounts of City Council 18 — 23 7/W €02Z1 of 8