Resolution 2021-91 - Laserfiche WebLink

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4. REPORTING REQUIREMENTS. Commencing in 2023, and annually thereafter, SBDC further agrees to submit a Final Report to the Louisville Director of Economic Vitality by no later than February 1. The Final Report shall include complete and accurate statements of Services rendered in the previous year, categorized under the Program Metrics set forth in Exhibit A, and must be signed by SBDC. In addition to any other remedies available in law and equity, the City may decline to consider further contracts with SBDC if the SBDC does not submit its Final Report by the annual deadline. 5. RELIABILITY OF REPORTS. SBDC represents and warrants that all information SBDC has provided or will provide to the City is true and correct, and that the City may rely on such information in modifying, making payments, or taking any other action concerning this Agreement. Any false or misleading material information or omission provided or caused by SBDC is just cause for the City to terminate this Agreement and to pursue any other available remedies against the SBDC. 6. NON-PROFIT STATUS. SBDC, during the term hereof, agrees to remain a nonprofit corporation dedicated to the rendition of the Services described in this Agreement, and no part of the income or assets of SBDC shall be distributed to, or inure to the benefit of, any individual or for any other private purpose. 7. STATUS OF SBDC. SBDC shall perform all services under this Agreement as an independent contractor and not as an agent or employee of the City. 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 SBDC, including its agents and employees, as an agent of the City. SBDC shall remain an independent and separate entity. SBDC shall not be supervised by any employee or official of the City, nor will SBDC exercise supervision over any employee or official of the City. SBDC shall not represent that SBDC is an employee or agent of the City in any capacity. As an independent contractor, SBDC is not entitled to workers' compensation benefits or unemployment insurance benefits, except as may be provided by SBDC or some other entity. If applicable, SBDC is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this Agreement. 8. COMPLIANCE WITH LAWS; WORKERS WITHOUT AUTHORIZATION. A. SBDC shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the City; for payment of all applicable taxes; and obtaining and keeping in force all applicable permits and approvals. B. Exhibit B, the "City of Louisville Public Services Contract Addendum -Prohibition Against Employing Workers Without Authorization", is attached hereto and incorporated herein by reference. There is also attached hereto a copy of SBDC's Pre -Contract Certification which SBDC has executed and delivered to the City prior to or concurrently with SBDC's execution of this Agreement. 9. DAMAGES FOR BREACH OF CONTRACT. In addition to any other legal or equitable remedy to which the City may be entitled for a breach of this Agreement, if the City terminates this Agreement, in whole or in part due to SBDC's breach of any provision of this Agreement, SBDC shall be liable for actual damages to the City. 10. INSURANCE. A. SBDC agrees to procure and maintain, at its own cost, the following policy or policies of insurance. SBDC shall not be relieved of any liability, claims, demands, or other 2