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25A - AGMT - POLICING SURVEY
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02/21/2017
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25A - AGMT - POLICING SURVEY
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2/17/2017 6:46:56 AM
Creation date
2/16/2017 4:33:03 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25A
Date
2/21/2017
Destruction Year
2022
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4. INDEPENDENT CONTRACTOR <br />University 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, <br />or to allow the City to exercise discretion or control over the professional manner in which <br />University performs the services which are the subject matter of this Agreement; however, the <br />services .to be provided by University shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. University shall pay all salaries <br />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 />The University shall own, solely and exclusively, the copyright and all copyright rights to <br />any written or otherwise copyrightable material delivered to City under this Agreement. <br />University hereby grants a non-exclusive and perpetual license to City to copy, use, modify and <br />reuse, any and all copyrights, designs, and other intellectual property embodied in plans, <br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed <br />in any tangible medium of expression, including but not limited to, physical drawings or data <br />magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be <br />prepared by University under this Agreement ("Documents & Data"). University shall require all <br />subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for <br />any Documents & Data the subcontractor prepares under this Agreement. University <br />represents and warrants that University has the legal right to license any and all Documents & <br />Data. University makes no such representation and warranty in regard to Documents & Data <br />which were provided to University by the City. City shall not be limited in any way in its use of <br />the Documents and Data at any time, provided that any such use not within the purposes <br />intended by this Agreement shall be at City's sole risk. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, University shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />Commercial General Liability Insurance, University shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s) and shall include, but not <br />be limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any <br />act or occurrence arising out of University's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of <br />insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in <br />the aggregate. University shall supply City with a fully executed additional <br />insured endorsement in substantially the form as required on Exhibit C upon <br />execution of this Agreement. <br />25A-4 <br />
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