Agreement for Plumbing Services - D.A. Dodd - VPA Plumbing

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or in equity. The Contractor shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services. 5. Point of Contact. The City employee identified in Section 9 below will serve as the City's principal point of contact for purposes of this Agreement. 6. Relationship. The Contractor shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Contractor shall in any way bind or obligate the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Contractor hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Contractor and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Contractor. 7. Indemnification of City. The Contractor hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Contractor under this Agreement and from all costs and attorney fees in connection thcrcwith; excepting for claims arising out of the negligence of the City, its officials,. directors, employees, and agents. The obligations of the Contractor under this section shall survive the termination of this Agreement. 8. Assignment. The.Contractor shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Contractor, as the case may be, at the address set forth below. Contractor: City: D.A. Dodd, LLC City of South Bend 4120 N. Horne Street 227 W. Jefferson Boulevard, Suite 1400 N. Mishawaka, IN 46628 South Bend, IN 46601 Attn: Douglas E. Bourne Attn: Patrick Sherman 10. Equal Opportunity; _Non -Discrimination; Compliance. The Contractor shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Contractor shall comply with all state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new 2