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FERGUSON GROUP 2 - 2004
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FERGUSON GROUP 2 - 2004
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Last modified
1/3/2012 3:00:43 PM
Creation date
11/24/2004 9:36:42 AM
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Contracts
Company Name
The Ferguson Group, L.L.C.
Contract #
A-2004-133
Agency
City Manager's Office
Council Approval Date
7/6/2004
Expiration Date
6/30/2005
Insurance Exp Date
4/8/2008
Destruction Year
2010
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<br />4. INDEPENDENT CONTRACTOR <br /> <br />Consultant 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 <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Any and all of Consultant's <br />personnel shall be employees or subcontractors of Consultant and not employees of City. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br /> <br />5. INDEMNIFICATION <br /> <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from and against any and all <br />damages to property or injuries to or death of any person or persons, including property and <br />employees or agents of City, and shall defend, indemnify and save harmless City, its officers and <br />employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, <br />including, but not by way oflimitation, workers' compensation claims resulting from or arising <br />out of the negligent or wrongful acts, errors or omissions of Consultant, its employees or <br />subcontractors. <br /> <br />6. CONFIDENTIALITY <br /> <br />If Consultant receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees <br />that it shall not use or disclose such information except in the performance of this Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own information of <br />like importance, but in no event less than reasonable care. "Confidential Information" shall <br />include all nonpublic information. Confidential information includes not only written <br />information, but also information transferred orally, visually, electronically, or by other means. <br />Confidential information disclosed to either party by any subsidiary and/or agent of the other <br />party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure <br />shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br />through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful <br />possession of the Consultant without an obligation of confidentiality; (d) is required to be <br />disclosed by operation oflaw; or (e) is independently developed by the Consultant without <br />reference to information disclosed by the City. <br /> <br />8. CONFLICT OF INTEREST CLAUSE <br /> <br />City acknowledges that Consultant may represent other clients in Washington D. C. <br />during the term of this Agreement. If a potential conflict of interest arises due to this <br /> <br />2 <br />
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