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51062.00005\41156529.1 <br />CITY OF REDWOOD CITY, CA – TECHNOLOGY SERVICE AGREEMENT <br />AGENCYCOUNTER FROM BUILDINGEYE, INC. <br />ACT Service Agreement XXII <br />REV: 02-06-24 SK <br />designated in writing by the Agency’s Authorized Representative. <br />7. INFORMATION AND DOCUMENTATION. <br />7(A). Information from the Agency. Agency shall make an effort to <br />provide Consultant with all information reasonably necessary for <br />Consultant’s performance of services under this Agreement. If <br />Consultant believes additional information is required, Consultant shall <br />promptly notify the Agency, and the Agency will provide to Consultant all <br />relevant non-privileged information in the Cities possession it determines <br />to be reasonably necessary for Consultant’s performance of services. <br />8. RELATIONSHIP BETWEEN THE PARTIES. Consultant is, and at all <br />times shall remain, an independent contractor solely responsible for all <br />acts of its employees, agents, or subconsultants, including any negligent <br />acts or omissions. Consultant is not the Agency’s agent, and shall have <br />no authority to act on behalf of the Agency, or to bind the Agency to any <br />obligation whatsoever, unless the Agency provides prior written <br />authorization to Consultant. Consultant is not an officer or employee of <br />the Agency, and Consultant shall not be entitled to any benefit, right, or <br />compensation other than that provided in this Agreement. <br />9. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its <br />employees, agents, and subconsultants) shall not maintain or acquire <br />any direct or indirect interest that conflicts with the performance of this <br />Agreement. <br />10. NONDISCRIMINATION. Consultant shall comply with all applicable <br />federal, state, and local laws regarding nondiscriminatory employment <br />practices, whether or not said laws are expressly stated in this <br />Agreement. Consultant shall not discriminate against any employee or <br />applicant because of race, color, religious creed, national origin, physical <br />disability, mental disability, medical condition, marital status, sexual <br />orientation, or gender. <br />11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall <br />comply with all applicable legal requirements including all federal, state, <br />and local laws (including ordinances and resolutions), whether or not <br />said laws are expressly stated in this Agreement. Consultant shall <br />perform services under this Agreement using a standard of care equal to, <br />or greater than, the degree of skill and diligence ordinarily used by <br />reputable professionals, with a level of experience and training similar to <br />Consultant, performing under circumstances similar to those required <br />by this Agreement. <br />12. INSURANCE. Consultant shall, throughout the duration of this <br />Agreement, maintain insurance to cover Consultant (including its agents, <br />representatives, sub-consultants, and employees) in connection with the <br />performance of services under this Agreement of the types and in the <br />ATTY/AGR.2024.012/Buildingeye (AgencyCounter Service Agreement) (Page 6 of 26) <br />6.H. - Page 9 of 35 <br />120