HANDMAN, MIKE 1 - Laserfiche WebLink

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3. TERM This Agreement shall contmcncc on the date first written abuve and terminate on Junc 30,2007 unless terminated earlier in accordance with Section 12, below. The term of this Agreement may he extendcd upon a writing executed by the Fire Chief and the City Attorney. 4. INDRPRNDENT CONTRACTOR Consultant shall, during the ~ntire tenn of this Agreement, be construed to be an independent contractor and not an employee ofthe City. This Agreemt:nl is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allm\' the City to exercise discretion or control over the proCessional manner in which Consultant pertorms the services which 3re the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating tu employees and shall he responsible for all applicable withholding ta.'es. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors if any to oblain and maintain insurance as described beluw; A. Due to the nature ofthe work bcing performed by the Consultant, commercial general liability insurance is not required. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and huld harmless the City, its oltieers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation. restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations onhe Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature u[such infonnation is reasonably understood tu be cunfidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance ufthis Agreement, and further agrees to exercise lhe same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Cunfidenlial Information" shall incluue all nonpublic information. Confidential information includes not only \vritten information, but also information transfelTed orally, visually, elt:ctronically, or by other means. Cunfidential infonnation disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The loregoing ubligations of non-use and nondisclusure shall not apply to any infonnation that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available 2