R2003-28 AUTHORIZING AGREEMENT - Laserfiche WebLink

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3. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees), and liabilities which arise from the joint or concurrent negligence of Consultant and the City, each party shall assume responsibility in proportion to the degree of its respective fault. L. The Consultant agrees to defend, protect, and hold harmless the City, its officers, agents, and employees against any and all liability and demands for actual or alleged infringements of any patents or copyrights or other intellectual property right by reason of any use by the City of any material, machines, software, or systems furnished by Consultant under this contractual agreement. M. The Consultant shall be familiar with and operate within the guidelines set forth by the Occupational Safety and Health Act. N. The ConsultanYs "Proposal to Provide Professional Services", shall be attached in its entirety as Exhibit "A", and incorporated as a material term of this contract. In any instance where the language of the proposal and of this contract are in conflict or at variance, the terms of this contract shall prevail. V. PAYMENT A. Consultant agrees to provide the services detailed in Exhibit "A", attached hereto and � made a art hereof for a total not to ex eed 106 750. p , c $ , B. Payment for services under this agreement will be made in accordance with the "invoicing policies" outlined in the attached Exhibit"A". C. The consideration to be paid the Consultant, as provided herein, shall be in compensation for all of the Consultant's expenses incurred in the performance hereof, including travel, out-of-pocket, and per diem, unless otherwise expressly authorized and agreed by the City. D. The City of Decatur is totally exempt from taxes. The City will provide the Consultant with applicable Tax Exemption Certificates as required. VI. INSURANCE A. Consultant shall obtain and maintain, and shall furnish to the City within ten (10) days '� after receipt of a signed copy of the contract satisfactory evidence of, insurance j coverages as set forth below, provided by insurance companies acceptable to the City and authorized to transact business under the laws of the State of Illinois. Insurance companies providing coverage shall be rated in the Best's Key Rating Guide, with a rating not lower than "A" and a financial size category of not less than "VI". B. Consultant shall cause to be listed as additional named insured parties on any general liability or property insurance policies carried by the Consultant which are applicable to this contract, and shall require all subcontractors to also list such parties as additional 4