TRANSDYN, INC. 3 - 2006 - Laserfiche WebLink

Home Browse Search

Enhancements and Documentation with respect thereto). Upon the City's acceptance of any application in accordance with the Scope of Services and the City's payment of all amounts due hereunder with respect thereto, the Consultant will grant to the City a limited right to use the application. The Consultant shall provide current and accurate Documentation with respect to each application, including, without limitation, training materials for each application and sufficient copies thereof. It is the intent of the parties that the training materials be written in a manner so that City personnel may utilize the materials as a reliable resource for understanding the SCADA operations. 4. TERM This Agreement shall commence on the date first written above and terminate on completion of the project, unless terminated earlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B, or equivalent endorsement form, upon execution of this Agreement and shall be approved in form by the City Attorney. 2