Reso 2007-1080 - Laserfiche WebLink

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.' 5. INDEPENDENT CONTRACTOR- RELA TIONSHIrTheConsullant IS an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the consullant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City, Consultant shall be responsible for any and all of its own expenses in perfonning its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this agreement. Consultant shall furnish its own transportation, office and other supplies as it detennines necessary in Carrying out its duties under this agreement. 6. INSURANCE. (a) Contractor shall, at its sole cost and expense, during the period of any work being perfonned under this Agreement, procure and maintain the following minimum insurance coverage to. protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: A) General liability insurance, including broad fonn contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. B) Errors and omissions professional liability insurance policy to be in effect for tenn of contract and at least one (I) year beyond construction completion in an amount of at least One Million Dollars ($1,000,000). Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such fonns and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is perfonned, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All general liability policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in fonns and issued by insurance companies acceptable to the City's Risk Manager. 7. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the Consullant pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. ~ 8. INDEMNIFICATION. Consultant agrees to indemnify and hold hannless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for persanal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions ar other wrongful conduct of the l.~ndsnpt' A,rchflt'CI . MIII~r lcgg Page 20f6 (' n ,) U