TRANSDYN, INC. 4 - 2009 - Laserfiche WebLink

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3. Consultant's Software Engineering staff will be available for telephone and modem support to remotely diagnose, troubleshoot and resolve any problems found in the DYNAC SCADA software provide by Consultant; 4. City personnel will work with Consultant personnel via telephone as needed to ensure any reported problem is accurately diagnosed. C. All maintenance and service requests shall be documented by City for future reference and administrative purposes. All maintenance and service requests shall be acknowledged in writing by Consultant, including diagnoses and corrective action taken. D. All on-site services provided will be documented on field service reports which will be submitted to City daily as services are provided. E. Consultant personnel will be generally available 8:OOam — 5:OOpm, Monday through Friday. Scheduling of maintenance and service work will be based on personnel availability and priority of the request. Consultant personnel will be available on-call for telephone consulting and troubleshooting services. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an annual fee of $18,000, payable within thirty (30) days of execution of this Agreement. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below. 4. 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.