07-23-2018 Council Packet - Laserfiche WebLink

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methods and procedures are in a constant state of refinement by regulatory agencies and advancements in the field. Further, the provision of services relating to development and potential site uses is subject to changing and evolving standards. Client recognized that projects involving development may not occur or develop as anticipated and/or may be subject to government regulations that require the achievement of results not contemplated by Client or which cannot be accomplished under current conditions. 8. Client recognizes and appoints Consultant as the Consultant for this project, to include but not be limited to; the items mentioned in the scope of work, items that may be added by mutual written consent, any testing, design, clean-up, and restoration of the site as needed. CLIENT recognizes that consultant may hire, manage, and dismiss as needed all sub -Consultants. VIII. Samples Consultant shall retain soil, rock, water and other samples from the Project Site for a period of thirty (30) days following the analysis. The samples will be discarded or returned to Client, at Consultant's discretion, unless Client request specific disposition at Client's cost and expense. IX. Reports All reports, notes, logs, field data, test, laboratory analyses, calculations and other documents, as instruments of service herein, shall remain the property of the Consultant. The Consultant agrees that the Client owns the project reports and has the use of the documents prepared by Consultant for this project on this site and is limited to the defined scope of services identified in this Agreement. Any other use or reuse shall be at Client's sole risk and Client agrees to indemnify, defend and hold harmless Consultant, its officers, directors, agents, employees and sub -Consultants for all claims, damages and expenses arising out of such other use. If Client does not pay for Consultants services, Client agrees that all report and other work will be returned to Consultant and will not be used by Client for any purpose whatsoever. X. Confidentiality The Consultant shall not release any information concerning services under the Agreement except with the express prior authorization of the other Client. However, when by rule or law Consultant is required to report instances or actions the Consultant shall release the required information to the appropriate regulatory agency. Consultant, upon the request of Client, shall execute reasonable and customary confidentiality agreement furnished by Client. Client agrees that Consultant may use and publish Client's name and a general description of services provided in describing Consultant's experience and qualifications to other clients or potential clients. XI. Insurance Consultant shall maintain: Workers compensation and employee liability insurance coverage in accordance with statutory requirements. 2. Comprehensive general and automobile liability insurance coverage. Page 5 of 6