4.3 SR 04-17-2023 - Laserfiche WebLink

Home Browse Search

CONTRACT FOR SERVICES THIS AGREEMENT is made this day of 52023, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation ("City") and , a ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOW: 1. CONTRACT DOCUMENTS. The Contractor agrees to perform the services set forth in the Contract Documents, which are hereby incorporated into this Agreement as if set forth herein. The Contract Documents are 1) this Agreement 2) the City's Request for Proposals, and 3) the Contractor's proposal. In the event any ambiguity or conflict among the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) the City's Request for Proposals, (iii) the Contractor's proposal. 2. COMPENSATION. Contractor shall be paid by the City for the services described in the Contract Documents in accordance with the Contractor's proposal. The fees shall not be adjusted if the estimated hours to perform a task or any other estimate or assumption are exceeded. 3. TERM. The term of this contract is May 1, 2023, through April 30, 2026. 4. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of Contractor's services. 5. PERFORMANCE AND PAYMENT BONDS. Within fifteen (15) calendar days after the execution of this Agreement and before any work or Services are rendered, the Contractor shall furnish a performance bond and payment bond each in the amount of the Contract insuring the faithful performance of the Agreement and payment of all obligations arising thereunder. If the bonds are not submitted within the time frame, then the Agreement shall be considered void. 6. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment compensation taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 38