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Last modified
3/2/2020 7:55:31 AM
Creation date
1/28/2020 9:17:33 AM
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Contracts
Company Name
CIVITAS
Contract #
N-2020-025
Agency
COMMUNITY DEVELOPMENT
Expiration Date
1/1/2021
Insurance Exp Date
8/6/2020
Destruction Year
2026
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3. TERM <br />This Agreement shall commence on the date first written above and terminate after one (1) year, <br />unless terminated earlier in accordance with Section 15, below. The tern of this Agreement may be <br />extended upon a writing executed by the City Manager and the City Attorney, <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the services which are the <br />subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in <br />a mariner consistent with all applicable standards and regulations governing such services, Consultant shall <br />pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br />relating to employees and shall be responsible for all applicable withholding taxes. <br />5. OWNERSHIP OF MATERIALS <br />This Agreement creates an exclusive and perpetual license for City to copy, use, or reuse any and <br />all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, <br />estimates, and other documents or works of authorship fixed in any tangible medium of expression, <br />including but not limited to, physical drawings or data magnetically or otherwise recorded on computer <br />diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents <br />& Data'). Consultant shall require all subcontractors to agree in writing that City is granted an exclusive <br />and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br />Consultant represents and warrants that Consultant has the legal right to license any and all Documents & <br />Data. Consultant makes no such representation and warranty in regard to Documents & Data which were <br />provided to Consultant by the City. City shall not be limited in any way in its ability to copy, use, or reuse <br />Documents and Data at any time, provided that any such use not within the purposes intended by this <br />Agreement shall be prohibited. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall <br />require its subcontractors, if any, to obtain and maintain insurance as described below: <br />A. Consultant shall maintain commercial general liability insurance which shall include, but not be <br />limited to protection against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's <br />operations in the performance of this Agreement, including, without limitation, acts involving vehicles. <br />The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and <br />personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 <br />per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, <br />agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with <br />
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