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Last modified
4/9/2021 11:51:29 AM
Creation date
1/7/2020 4:28:15 PM
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Contracts
Company Name
CITY NET
Contract #
A-2019-239
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
12/17/2019
Expiration Date
12/16/2020
Insurance Exp Date
10/19/2021
Destruction Year
0
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b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made, or shall be refunded, for work that fails to meet the <br />standards of performance set forth in the Recitals, which may reasonably be <br />expected by City. <br />3. TERM <br />The Term of said Agreement commenced on October 14, 2019, and through this First <br />Amended and Restated Agreement shall be extended through December 16, 2020, unless <br />terminated earlier in accordance with Section 15 below. The term of this Agreement may be <br />extended upon a writing executed by the City Manager and City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer -employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Contractor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Contractor shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Contractor shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />5. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br />authorship fixed in any tangible medium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br />caused to be prepared by Contractor under this Agreement ("Documents & Data'). Contractor <br />shall require all subcontractors to agree in writing that City is granted a non-exclusive and <br />perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br />Contractor represents and warrants that Contractor has the legal right to license any and all <br />Documents & Data. Contractor makes no such representation and warranty in regard to <br />Documents & Data which were provided to Contractor by the City. City shall not be limited in <br />any way in its use of the Documents and Data at any time, provided that any such use not within <br />the purposes intended by this Agreement shall be at City's sole risk. <br />G7ENEFfâ–ş6Y1 .Vuee" <br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />Page 2 of 9 <br />
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