11-2268 Authorizing Cooperative Purchase from Dunlap & Associates for Financial Advisory Services

Home Browse Search

S. INDEPENDENT CONTRACTOR., Consultant acknowledges and agrees that it is an independent contractor of the City and is not an employee of the City.. Consultant more specifically acknowledges that, it will not be, eligible to participate in any employee benefit maintained by the City; will not be covered by the City's workers' compensation insurance; will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by the City to Consultant hereunder. Consultant acknowledges that it shall have no authority to bind City to any contractual or other obligation whatsoever. Consultant shall be entitled to seek and accept other engagements and /or employment during the terra of this Agreernent so long as such other employment or engagements do. not interfere with the performance of Consultant's duties hereunder. Consultant shall be responsible to, the City for all work or services performed by Consultant or any person or firm engaged as a tub - consultant or subcontractor to perform work In fulfillment of this Agreement. 9. RIGHT TO AUDIT. Consultant shall maintain adequate records for the Services performed under this Agreement for three (3) years following completion of the Services, or conclusion of any litigation regarding this Agreement, The City shall have the right to audit Consultant's books acrd records, at the City's expense, upon prior notice, with regard to the Services provided to the City hereunder, Failure by Consultant to permit such audit shall be grounds for termination of this Agreement by the City, 10, PROPERTY RIGHTS. All work product, including but not limited to tracings, plans, drawings, sketches, photographs, videos, illustrations, PowerPoint presentations, specifications, maps, computer files, electronic data and reports prepared or created in the course of the performance of the Services or obtained in the performance of this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for hire and shall be the exclusive property of the City upon their creation without restriction or limitation on their use and will be made available, upon request, to the City at any time during the performance of such Services. Upon delivery to the City of said work product, the City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Consultant will not copyright any material or work product developed under this Agreement. Any reuse of Consultant's prepared documents by the City, except for the specific purpose intended hereunder, will be at City's sale risk and without liability or legal exposure to Consultant.ox its Sub- consultants, 11. INSURANCE. 11,1 Consultant shall purchase from and maintain, in a company or• companies lawfully authorized to do business in Florida, such insurance as will protect the City from claims set forth' below which may arise out of or result froni performance under this Agreement by Consultant, or by a subconsultant of Consultant, or by anyone directly or indirectly employed by Consultant, or by anyone for whose acts Consultant may be liable, 11.2 The insurance required shall be written for not less than the following limits of liability. Coverages shall be maintained without interruption from the effective date of this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. Any liability coverage on claims made basis shall remain effective for five (S) years after final payment.