Res 2009-122 - Laserfiche WebLink

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Section 3.2. Payment. All payments made to the Grantee by the Authority, for the Project, shall be made as follows: On a reimbursement basis and during the course of the Project, the Grantee shall provide an itemization of the Project costs and expenses incurred. ARTICLE IV INDEPENDENT CONTRACTOR Section 4.1. No Employment Contract. The parties understand and agree that this Contract does not create a fiduciary relationship between them, they are separate entities, the Grantee is an independent contractor with respect to the performance of the Project hereunder and is not subject to the direct or continuous control and supervision of the Authority, and nothing in this Contract is intended to make either party a subsidiary, joint venturer, partner, employee, agent, servant or representative of the other for any purpose whatsoever. The Authority shall have no right of direction or control of Grantee, or its employees and agents, except in the results to be obtained, and in a general right to order the work to start or stop as agreed to herein, to inspect the progress of the Project, and to receive reports. The Grantee shall accommodate reasonable requests from the Authority to allow Authority employees, agents or representatives to accompany and observe Grantee personnel in carrying out the work under this Contract, and the results and progress of the Project. ARTICLE V GRANTEE PERSONNEL AND SUBCONTRACTORS Section 5.1. Personnel. The Grantee will provide any and all personnel necessary for its performance of the Project hereunder. The Grantee will be responsible for its employees and agents in all respects, including, without limitation, their compliance with applicable laws and their safety, including without limitation, all Occupational Safety and Health Administration (OSHA) standards, requirements, and regulations. The Grantee hereby indemnifies and holds harmless the Authority, its officers, employees and directors, from and against any claims bought by any employee, contractor, subcontractor or other agent of the Grantee relating in any way to the Project or the work performed under this Contract. Section 5.2. Subcontractors. In performing the Project under this Contract, the Grantee may retain and utilize as its contractors or subcontractors, to the extent that they are not already employees of the Grantee, those individuals identified to the Authority, in advance. The Authority, in consultation with the Grantee, shall have the right to terminate, limit, or alter, at any time, the participation of any contractor or subcontractor utilized by the Grantee. No additional contractors or subcontractors may be retained by the Grantee to perform any work related to this Contract without the prior written consent of the Authority, provided that no such consent shall be necessary for the retention of any contractor or subcontractor previously approved by the Authority and identified by the Grantee. The Grantee will be responsible for its 3of8