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05/11/2009 Council Packet
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05/11/2009 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
05/11/2009
Council Meeting Type
Regular
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B. Transfer all work in process, completed work, and other <br />materials related to the terminated work to the City; and <br />C. Continue and complete all parts of the work that have not been <br />terminated. <br />ARTICLE 5 - PERSONNEL <br />The CONSULTANT is, and shall be, in the performance of all work, <br />services and activities under this Contract, an independent contractor, and not <br />an employee, or agent of the City. All persons engaged in any of the work or <br />services performed pursuant to this Contract shall at all times, and in all <br />places, be subject to the CONSULTANT's sole direction, supervision, and <br />control. The CONSULTANT shall exercise control over the means and <br />manner in which it and its employees perform the work, and in all respects the <br />CONSULTANT's relationship and the relationship of its employees to the City <br />shall be that of an independent contractor and not as employees or agents of <br />the City. <br />The CONSULTANT represents that it has, or will secure at its own <br />expense, all necessary personnel required to perform the services under this <br />Contract. Such personnel shall not be employees of or have any contractual <br />relationship with the City, nor shall such personnel be entitled to any benefits <br />of the City including, but not limited to, pension, health and workers' <br />compensation benefits. <br />The CONSULTANT warrants that all services shall be performed by <br />skilled and competent personnel consistent with applicable technical and <br />professional standards in the field. <br />ARTICLE 6 - AVAILABILITY OF FUNDS <br />The City's Council has appropriated sufficient funds in the operating <br />budget(s) for which the work to be performed will occur and until the contract <br />has been fully executed. <br />ARTICLE 7 - INSURANCE REQUIREMENTS <br />Upon request, the CONSULTANT agrees to provide the City with a <br />CERTIFICATE or other documentation indicating that the professional liability <br />insurance is an active policy and that the CONSULTANT will maintain <br />insurance throughout this Contract. <br />2009 Professional Services Agreement - Lino Lakes, MN and ICMA 2 <br />• <br />• <br />• <br />
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