4.9 SR 11-06-2023 - Laserfiche WebLink

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losses judgments, or expenses, including Yeasonable attoYne�s fees, resulting directly or indirectlyT from a negligent act or omission (including `vithout limitation pYofessional errors oY omissions) of the Consultant, its agents, employees, oY subcontractors in the performance of the services provided byT this Agreement and against all losses byT reason of the failure of said Consultant fu11yT to perform, in anyT respect, all obligations under this Agreement. 19. Insurance. Certificate of LiabilityT Insurance identifyTing the CityT of Elk River as an additional insured. 20. Records Access. The Consultant shall provide the CityT access to any books, documents, papers, and records which are directlyT pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three y ears after final pay-ments and all other pending matters related to this contract are closed. 21. Ownership of Documents. All plans, diagrams, analyTses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the pYopeYtyr of the Cityr. The Cityr mayr use the InfoYmation foY its purposes and the Contractor also mayT use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve anyT liabilityT on the part of the Contractor, but anyT reuse of the Information by the Cityr or the ContYactor beyond the scope of the Project is `vithout liabilityT to the other, and the parnT reusing the Information agrees to defend and indemnify the other from anyT claims or liabilityT resulting therefrom. Final Documents shall be submitted in PDF format. 22. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in Exhibit A, without the express `vritten consent of the CityT. The Consultant shall payT any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payTment byT the CinT for undisputed services provided byT the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payTment by the CityT, the Consultant shall payT interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The rninimum monthly inteYest penalnT payTment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall payr the actual interest penaltyr due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorneyT's fees, incurred in bringing the action. In addition, no subcontractor can file a lien against the CityT. 23. Dispute Resolution/Mediation. Each dispute, claim or controversyT arising from or related to this Agreement or the relationships `vhich result from this Agreement Page 4 of 7 Standard Agreement For Professional Services P 0 M E R E 0 e r ��V��