Agenda - Council - 02/23/2016 - Laserfiche WebLink

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while engaged in the performance of any work or services required by the Consultant under this Agreement, shall have no contractual relationship with the City. Section 8.10. RIGHT IN WORK PRODUCT. The work product of Consultant, including data, information, drawings, results, ideas, developments, plans, specifications, reports or inventions, regardless of format or media, which Consultant conceives or reduces to practice during the course of its performance under this Agreement are Instruments of Service ("Instruments of Service"), and Consultant shall retain an ownership and property interest therein (including the right of reuse at the discretion of the Consultant). Upon payment of all amounts owed Consultant grants to the City partial ownership and an irrevocable license to use such Instruments of Service as deemed necessary by the City pursuant to this agreement. Consultant will furnish the City with electronic data versions of all drawings, data files, reports and/or other digital or written documents ("Digital Data") in a form compatible with the City's software requirements if requested by the City. Such information will also be provided in hard copy form if requested by the City. In the event of any conflict between hard copy documents and the Digital Data, the hard copy documents shall govern. The Digital Data shall be prepared in a format required by the City for its use. The City understands that the Digital Data is perishable and the City is responsible for maintaining it, and agrees that Consultant is not responsible for use of Digital Data distributed by the City to third parties unless such distribution was a specific part of the Consultant's Service(s). All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the Consultant's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The Consultant agrees to abide by these statutes, rules and regulations and as they may be amended. Consultant makes no representation that Instruments of Service provided for any specific project are suitable for reuse, modification or benefit of City or others on extensions of the Project, modifications or any other project. Any reuse or modification of Consultant's Instruments of Service without written verification or adaptation by Consultant, as appropriate for the specific purpose intended, will be at the City's sole risk and without liability or legal exposure to Consultant. The City shall indemnify and hold harmless the Consultant from all claims, damages, losses and expenses, including attorneys' fees, arising out of any reuse or modification of the Instruments of Service without the participation of the Consultant. Section 8.11. HAZARDOUS SUBSTANCE. The Consultant's scope of services does not include any Service(s) related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a project that may affect the Consultant's Service(s), the Consultant must immediately inform the City in writing and may suspend performance of its Service(s), without liability, and will assist the City to retain appropriate specialist consultants to adequately identify and abate such materials so that Consultant's Service(s) may resume. Section 8.12. CONSTRUCTION OBSERVATION. If requested by the City as part of the Letter of Engagement, Consultant shall visit and document the contractor's work at appropriate intervals during 8