RON TURLEY ASSOCIATES 1 -2007 - Laserfiche WebLink

Home Browse Search

5. TERM This Agreement shall commence on the date first written above. The License granted herein with regard to each Licensed Program shall remain in force until City permanently discontinues the use of the Licensed Program on the Designated Equipment or until Licensor terminates this Agreement, upon written notice to City, by reason of City's failure to comply with any of the terms and conditions of this Agreement If the City inadvertently fails to comply with any of the terms of this Agreement, the City will be granted thirty (30) days after notification from Licensor to comply with the terms of the Agreement prior to termination. 6. INDEPENDENT CONTRACTOR Licensor 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Licensor performs the services which are the subject matter of this Agreement; however, the services to be provided by Licensor shalt be provided in a manner consistent with all applicable standards and regulations governing such services. Licensor 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Licensor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Licensor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to 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 Licensor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. 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. Licensor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Licensor, if Licensor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Licensor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident.