SR 06:165 - Laserfiche WebLink

9. Consultant's Status. In the performance of the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents, servants, and employees and are not agents, servants, or employees of City. Nothing in this Agreement shall be construed as creating an agency, partnership, joint venture, employment or any other form of legal association between the parties. Neither party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other party" 10. Termination of Convenience of the Citv. The City may terminate this Agreement at any time by mailing a notice in writing to the Consultant that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by the Consultant. If the Agreement is so terminated, the Consultant shall be paid for the work actually completed at the time the notice of termination is received. II. Non-Assilmabilitv. The Consultant shall not assign, snblet, or transfer this Agreement or any interest or obligation therein without the prior written consent of the City, and then only upon such tenus and conditions as the City may set forth in writing. 12. Indemnifv and Hold Harmless. The Consultant shall defend, indenmify, and hold hannIess, the City and its officers and employees from and against all claims, losses, damage, injury, and liability for damages arising from errors, omissions, negligent or wrongful acts of the Consultant in the performance of its services under this Agreement, regardless of whether the City has reviewed and/or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City's acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. 13. Insurance. During the term of this Agreement, the Consultant shall maintain in full force and effect at its own cost and expense the following insurance coverage: a. General Liabilitv and Bodilv Iniurv Insurance A commercial general liability insurance for at least $1,000,000 combined limit for bodily injury and property damage and provide that the City, its officers, employees and agents are named additional insured under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed by the Consultant and its sub consultants, and that no other insurance effected by the City or other named insured will be called on to cover a loss covered there under. b. Automobile Liabilitv Insurance Automobile liability insurance in an amount not less than $1,000,000 per person/per occurrence. c. Workers' Comoensation Insurance Workers' Compensation Insurance for all of the Consultant's employees assigned to the City hereunder, all in strict compliance with applicable state laws, and to protect the City from any and all claims there under, including waiver of subrogation. Contract for Consultant Page 2