GENERAL PUMP COMPANY, INC-2016 - Laserfiche WebLink

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3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 201.9, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for an additional two (2) year period, upon a, writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and .not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employce relationship, a joint, venture relationship, or to allow the City to exercise discretion, or control over the professional manner in which Contractor performs the Sol -vices which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and reg-alations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual liconse for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible na edianr of expression, including but not lvnited to, physical drawings or data magnetically or otherwise recorded on computer, diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all si)beontractors to agree in writing that City is granted a non-exclusive and perpetual license .for any Docurents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City, City shall not be limited in any way in its use of the Documents and Data at airy time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. G. INSURANCE Prior to Lmdertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below; a, Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, cinployees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising front bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance ;of this Page 2of8