Resolution 2016-16 - Laserfiche WebLink

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16. NOTICE. Any notice provided for in this Agreement shall be in writing and shall be sufficiently given if delivered in person, by prepaid overnight express, or by registered or certified mail, postage prepaid, return receipt requested, and addressed to the following: In case of the City, to: Kathy L. Fedler CDBG-DR Program Manager Civic Center Complex 350 Kimbark Street Longmont, CO 80501 In case of Delegate, to: Cory Peterson Water Resources Engineer City of Louisville 749 Main Street Louisville, CO 80027 Either party may designate another address by written notice as provided in this section. 17. PROVISIONS_ CONSTRUED AS TO FAIR MEANING. The provisions of this Agreement shall be construed as to their fair meaning and not for or against any party based upon any attribution to such party of the source of the language in question. 18. HEADINGS FOR CONVENIENCE. All headings, captions, and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Agreement. 19. NO THIRD PARTY BENEFICIARIES. None of the terms or conditions in this Agreement shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Any person other than the City or Delegate receiving services or benefits under this Agreement shall be only an incidental beneficiary. 20. WAIVER. No waiver of any breach or default under this Agreement shall be a waiver of any other or subsequent breach or default. 21. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 22. STATUS OF DELEGATE. Delegate shall perform under this Agreement as an independent contractor and a separate entity and not as an employee or agent of the City. Delegate's employees and volunteers are not entitled to City of Longmont worker's compensation benefits or its insurance carriers or funds. Delegate is obligated to pay federal and state income tax on money, if any, earned pursuant to this Agreement. 23. RELATIONSHIP OF_THE PARTIES. It is mutually agreed and understood that nothing contained in this Agreement is intended or shall be construed as in any way establishing the relationship of co-partners or joint ventures between the parties hereto or as construing the Delegate, including its agents and employees, as an agent of the City. The Delegate shall remain an independent and separate entity. When Delegate provides services as listed above, Delegate personnel shall do so as volunteers and not as paid employees. 24. VERIFICATION OF LAWFUL PRESENCE. Delegate shall verify the lawful 7 L \FRIEDLAN\My Documents L\CDBG\2016 CDBG-DR IGA Louisvdle_FINAL docs 3/15/2016