Reso 2013-2136 - Laserfiche WebLink

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Article 9. Independent Contractor Status RFC acknowledges and agrees that in the course of the performance of the services pursuant to this Agreement RFC may be given access to, or come into possession of, or may prepare documents that qualify as public records subject to inspection and copying in accordance with §119, Florida Statutes. RFC shall allow public access to such documents and materials in accordance with the provisions of §119, Florida Statutes. Any public record request received by RFC shall be immediately delivered to the Town Clerk for processing and RFC will submit any documents responsive to such public records request to the Town Clerk direc'ly and not to the requesting party. Article 10. Reliance on Data In performance of the services, it is understood that the City and/or others may supply RFC with certain information and/or data, and that RFC will rely on such information. It is agreed that the accuracy of such information is not within RFC's control and RFC shall not be liable for its accuracy, nor for its verification, except to the extent that such verification is expressly a part of RFC's scope of services. Article 11. Opinions and Estimates RFC's opinions, estimates, projections, and forecasts of current and future costs, revenues, other levels of any sort, and events shall be made on the basis of available information and RFC's expertise and qualifications as a professional. RFC does not warrant or guarantee that its opinions, estimates, projections or forecasts of current and future levels and events will not vary from the City's estimates or forecasts or from actual outcomes. RFC identifies costs, allocates costs to customer classes and provides rate models. It does not establish rates, which is the legislative responsibility of the City. Article 12. No Consequential Damages To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, consequential, punitive or exemplary damages resulting from the performance or non- performance of this Agreement notwithstanding the fault, tort (including negligence), strict liability or other basis of legal liability of the party so released or whose liability is so limited and shall extend to the officers, directors, employees, licensors, agents, subcontractors, vendors and related entities of such party. Article 13. Termination of Work This Agreement may be terminated as follows: 1. By City (a) for its convenience on 30 days' notice to RFC, or (b) for cause, if RFC materially breaches this Agreement through no fault of City and RFC neither cures such material breach nor makes reasonable progress toward cure within 15 days after City has given written notice of the alleged breach to RFC. 2. By RFC (a) for cause, if City materially breaches this Agreement through no fault of RFC and City neither cures such material breach nor makes reasonable progress toward cure within 15 days after RFC has given written notice of the alleged breach to City, or (b) upon five days' Page 3 of 8 �. r