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FULL PACKET_2015-08-04
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FULL PACKET_2015-08-04
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7/21/2016 3:34:49 PM
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8/3/2015 9:58:41 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Date
8/4/2015
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3. TERM <br />This Agreement shall commence on the date first written above and terminate one <br />year from date of agreement execution, unless terminated earlier in accordance with <br />Section 15, below. The term of this Agreement may be extended upon a writing executed <br />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 <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer- employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible <br />for all applicable withholding taxes. <br />5. OWNERSHIP OF MATERIALS <br />This Agreement creates a non - exclusive and perpetual license for City to copy, <br />use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual <br />property embodied in plans, specifications, studies, drawings, estimates, and other <br />documents or works of authorship fixed in any tangible medium of expression, including <br />but not limited to, physical drawings or data magnetically or otherwise recorded on <br />computer diskettes, which are prepared or caused to be prepared by Consultant under this <br />Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in <br />writing that City is granted a non - exclusive and perpetual license for any Documents & <br />Data the subcontractor prepares under this Agreement. Consultant represents and <br />warrants that Consultant has the legal right to license any and all Documents & Data. <br />Consultant makes no such representation and warranty in regard to Documents & Data <br />which were provided to Consultant by the City. City shall not be limited in any way in its <br />use of the Documents and Data at any time, provided that any such use not within the <br />purposes intended by this Agreement shall be at City's sole risk. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain <br />commercial general liability insurance naming the City, its officers, <br />employees, agents, volunteers and representatives as additional insured(s) <br />E <br />25C -4 <br />
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