08-25-2004 Council Agenda - Laserfiche WebLink

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4. It is understood that all engineering projects may only be initiated by THE CITY. THE ENGINEER agrees to work on a budget basis for the preliminary study phase of engineering projects even though the project eventually may be completed on a fee basis. The preliminary study fee in this case shall be fully credited to the final fee. Any phase of a project may be initiated by THE CITY. 5. It is understood that special meetings with City Officials and Staff or City Council meetings attended in conjunction with project shall be included in the fees for those projects. THE ENGINEER shall furnish a representative to attend other City Council meetings at the request of THE CITY at no additional cost. 6. The hourly rates listed in Schedule B are for 2004 and 2005. Starting January 1, 2006 and each January 1St, thereafter, rates will be increased at a rate of three (3) percent per year. 7. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 8. THE ENGINEER shall promptly notify THE CITY if it or its principals secure any interest in any real estate or development proposals or accepts a contract with any client owning real estate or having a development proposal in the City of Little Canada. 9. THE ENGINEER shall allow THE CITY, or its duly authorized agent, reasonable access to such of THE ENGINEER'S books and records, documents, accounting procedures and practices as are pertinent to all services provided under this Agreement. 10. THE ENGINEER is an independent contractor. No employee of THE ENGINEER and no other persons employed by THE ENGINEER in the performance of its activities as provided for under this Agreement shall be considered employees of THE CITY. No employees of THE CITY or no other persons employed by THE CITY in the performance of its activities as provided for under this Agreement shall be considered employees of THE ENGINEER. 11. This Agreement may be amended by mutual written agreement of the parties hereto. 12. THE ENGINEER shall indemnify, defend, and hold harmless THE CITY, and all of its officers, employees, elected officials, and agents from and against any and all costs, suits, liability, penalties, damages, demands, expenses, and claims of damages, including reasonable attorneys' fees, which may arise by reason of any act, negligent or otherwise, done by THE ENGINEER arising out of or relating to this - 1 2 -