Laserfiche WebLink
3.2.1 Control and Payment of Subordinates; Independent Contractor. The <br />Services shall be performed by Advocate or under its supervision. Advocate will determine the <br />means, methods and details of performing the Services subject to the requirements of this <br />Agreement. City retains Advocate on an independent contractor basis and not as an employee. <br />Advocate retains the right to perform similar or different services for others during the term of <br />this Agreement. Any additional personnel performing the Services under this Agreement on <br />behalf of Advocate shall also not be employees of City and shall at all times be under Advocate's <br />exclusive direction and control. Advocate shall pay all wages, salaries, and other amounts due <br />such personnel in connection with their performance of Services under this Agreement and as <br />required by law. Advocate shall be responsible for all reports and obligations respecting such <br />additional personnel, including, but not limited to: social security taxes, income tax withholding, <br />unemployment insurance, disability insurance, and workers' compensation insurance. <br />3.2.2 Schedule of Services. Advocate shall perform the Services expeditiously, <br />within the term of this Agreement, and in accordance with the Schedule of Services set forth in <br />Exhibit `B" attached hereto and incorporated herein by reference. Advocate represents that it <br />has the professional and technical personnel required to perform the Services in conformance <br />with such conditions. In order to facilitate Advocate's conformance with the Schedule, City <br />shall respond to Advocate's submittals in a timely manner. Upon request of City, Advocate shall <br />provide a more detailed schedule of anticipated performance to meet the Schedule of Services. <br />3.2.3 Conformance to Applicable Requirements. All work prepared by <br />Advocate shall be subject to the approval of City. <br />3.2.4 Substitution of Key Personnel. Advocate has represented to City that <br />certain key personnel will perform and coordinate the Services under this Agreement. Should <br />one or more of such personnel become unavailable, Advocate may substitute other personnel of <br />at least equal competence upon written approval of City. In the event that City and Advocate <br />cannot agree as to the substitution of key personnel, City shall be entitled to terminate this <br />Agreement for cause. As discussed below, any personnel who fail or refuse to perform the <br />Services in a manner acceptable to the City, or who are determined by the City to be <br />uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a <br />threat to the safety of persons or property, shall be promptly removed from the Project by the <br />Advocate at the request of the City. The key personnel for performance of this Agreement are as <br />follows: Anthony Gonsalves. <br />3.2.5 City's Representative. The City hereby designates the City Manager, or <br />his or her designee, to act as its representative for the performance of this Agreement ("City's <br />Representative"). City's Representative shall have the power to act on behalf of the City for all <br />purposes under this Contract. Advocate shall not accept direction or orders from any person <br />other than the City's Representative or his or her designee. <br />3.2.6 Advocate's Representative. Advocate hereby designates Anthony <br />Gonsalves, or his or her designee, to act as its representative for the performance of this <br />Agreement ("Advocate's Representative"). Advocate's Representative shall have full authority <br />to represent and act on behalf of the Advocate for all purposes under this Agreement. The <br />Advocate's Representative shall supervise and direct the Services, using his best skill and <br />2 <br />