Laserfiche WebLink
2 <br />funding; and <br /> <br /> NOW, THEREFORE, in consideration of the mutual benefits and covenants contained <br />herein, the parties agree as follows: <br /> <br />1. Purpose of Agreement; Project Scope. The purpose of this Agreement is <br />to provide funding for the Agency’s Clark Park Off Leash Dog Area. <br /> <br />2. Term; Time of Performance. This Agreement shall be effective on the <br />date on which it has been executed by authorized representatives of both parties and shall expire <br />on December 31, 2024. The Agency shall commence Project work immediately and complete <br />the Project work required by this Agreement no later than December 31, 2024. <br /> <br /> 3. Reimbursement of Project Expenses. Subject to Section 6 hereof and upon the <br />completion of the Project to the satisfaction of the County, the County will reimburse the Agency <br />for Project expenses as set forth in the Project budget in Appendix A. The Agency shall submit a <br />request for reimbursement for Project expenses supported by detailed statements, including <br />invoices from third parties incident to those Project expenses, if any, indicating Project work <br />performed as appropriate and consistent with the schedule of Project work outlined in Appendix <br />A. Total requests for reimbursement for this Project shall not exceed $10,000.00 (the “Contract <br />Maximum”). <br /> <br /> 4. Direction and Control. The Agency agrees that it will perform the Project work <br />under this Agreement as an independent contractor and not as an agent, employee, or servant of <br />the County. The parties agree that neither the Agency nor its employees are entitled to any benefits <br />or rights enjoyed by employees of the County. The Agency specifically has the right to direct and <br />control Agency’s own activities in performing the Project work in accordance with the <br />specifications set out in this Agreement. The County shall only have the right to ensure <br />performance. Nothing in this Agreement shall be construed to render the parties partners or joint <br />venturers. <br /> <br /> 5. Changes. No changes or additions shall be made in this Agreement except as agreed <br />to by both parties, reduced to writing and executed with the same formalities as are required for <br />the execution of this Agreement. <br /> <br /> <br />6. Indemnifications and Hold Harmless Except for the sole negligence of the County, <br />the Agency shall indemnify and hold harmless the County, its officers, officials, agents and <br />employees, from and against any and all suits, claims, actions, losses, costs, penalties and <br />damages of whatsoever kind or nature which are in any way resulting from Agency’s activities <br />and/or services associated with this Agreement. The duty to indemnify and hold the County <br />harmless shall not extend to any claim regarding the City’s eligibility to receive grant funding, <br />unless such claim arises out of a misrepresentation by the City to the County that the County <br />reasonable relied upon to its detriment. <br />In the event the County incurs attorney fees and/or costs in the defense of claims under <br />this provision such attorney fees and costs shall be recoverable from the Agency. In addition