Reso 2021-3228 - Laserfiche WebLink

Home Browse Search

shall eliminate or reduce such deducible or the Contractor ShalI procure a (fond, in a forin sat i'sFactory to the City Manager or his designee, covering Iitc some, 7, INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the Foilest extent permktted by taw, to defend; indemnify and hold liarrille53 the City; its ARents, representeti�es, otf`tcersr direciors, officials and employees from and against claims, damages, losses acrd expenses (inclUdirg. but not I lmitzd to atmameyrs fees; arbitration costs, and costs of appellate proceedings) Mating tpr.arising out of or resulting: from the Conrractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreernenr_ The Contractor's du()r to defend; hold harmless and inftninify the City, its agents, representatives. officers; directors; officials and employees shall arise in connection with any claim,_ damage, loss Or expense that is attributable to bodily injury; sickness-. disease; death; ter injury to impaimtenl, or destrllt lion of tangible property including tosS of use resulting Ilie refront; caused hv an negligent sets, errors; mistakes or omissians related tD Sen,ieea in the perfortrtarrce Of this Agreernenr includiq any person for whose acts; err#cs, mistakes or ontissions the Contractor ' may be legally liable. The parties agree that TEN DOLLARS ($10,00) repreScnES specific consideration to the Contractor for the in(ernnificatiort set forth in this Agreement. S. INDEPELN 'q-' UUirTRACTOR RELATIC INSHIP. - 7-he Contractor is an independent Comracrcr and shall be treated as such for all purposes_ Housing conlained in this Agreetnerit or any aetioTr of the parties shall be construed to constitute or to render the Coptraclar an employ c, partner. agent, shareholder; officer or in any other capacity other than a4 an independem Contrnctor other than ihost: obligations which have been or shall have been undertaken by the City, C:ommctor shall be responsibfc for any and all of ils own cspcnst3 in performing its duties gs tortttniplated under this AgrCertttnt. The Citi, shall not be responsible For any expense iworreci by Ihr r Contractor. The Cite shall hmre no duty to withhoid any Federal inconie taxes or PRY Social Security senlices and that such obiwations shall be that -of the Contractor, other than those set forth in this Agreement- Contractor shall f rnish its own tran5ponelion. office And, other suppiits as it detemiines tic-cessary ;n carrying am its duties under this Agreernent. TERMINATI{NN AND REM EM ES FOR RRCAC-H. A. If, through nn3r cause within rcasanable control, the Contractor shall fail to falfifl in a timely' manner or otlter%Vise %riaiate arty of ttie covenarr1s, aF.Teemenrs Or stipulatfatts material to this Agreemeni, the City shall stave tact right ;o lerminate the SeMees [herr remaining to be performed, Priot io the exercise of its option to terminate for cayse, Ehe .-City shall notify the Conlracior of it_5 vialation of the pavicular Eerms of the Agreement anti erattt Coniractor ten (10) days to rture such default, lF tliv deftub remains uncured after ten (IU) days the City may terniitlate this Agrcememl, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third partV tri cure such failum_ If Contractor Fails, refuses or is unable to Ptirorro any term of this Agreement, City shall pay Nr ser%riees rendered as of the date of termination. 4_ In the evcnt of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor (s)} shal I be deIivr0 to the City and [fie City shall conipensenc the Contractor for all Services saii5factorily ptrforrued prior to tate dale of termination, as provided in Paragraph 4 herein, C4775-1316.118 - ACTIONF LASOR MANAUIr-,ME;ilii' IAA DAA STAFFING CONNKT10N Nge 5 ar l0 S I