Res 2008-051 - Laserfiche WebLink

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1.1.2 The performance of all services by the Vendor in connection with this Agreement will be by persons appropriately trained and certified under State, local and Federal laws governing the services to be provided under this Agreement. The Vendor represents that it engages in the business of providing AMI systems to municipalities, that it has extensive knowledge in technology and current trends related to AMI systems including AMI installation and implementation and that it performs these services in its normal and customary course of business. The Vendor understands that the City, compared to the Vendor, is relatively unfamiliar with the types of products and services required under this Agreement and in executing this Agreement relies on the Vendor's superior knowledge of these types of products and services. In performing all services under this Agreement, the Vendor will use that degree of care and skill ordinarily exercised for similar projects by Vendors who possess special expertise in the types of services involved under this Agreement. 1.1.3 No work under this Agreement will be subcontracted by the Vendor without prior written approval from the City. Any work or services subcontracted under this Agreement will be specified by separate written Agreement between the Vendor and its subcontractors and will be subject to each provision of this Agreement. 1.1.4 Any provisions in this Agreement pertaining to the City's review, approval and/or acceptance of written materials prepared by the Vendor and/or its sub Vendors, contractors, and subcontractors in connection with this Agreement will not diminish the Vendor's responsibility for the materials. 1.1.5 The Vendor will perform all of its services in coordination with the City and the City's Consultants. The Vendor will advise the City of data and information the Vendor needs to perform its services and the Vendor will meet with the City representatives at mutually convenient times to assemble this data and information. In addition, the City may conduct review meetings with the Vendor to evaluate the overall Project progress. 1.2 DEFINITIONS In this Agreement, the following terms will have the following meanings: 1.2.1 Alpha -refers to the initial part of Phase 1 deployment and testing as described in the Scope of Work. 1.2.2 Beta -refers to the second part of Phase 1 and consists of the deployment and testing of a minimum of 500 Eka nodes, electric and water meters and associated network components of the Pilot part of the Project. 1.2.3 EkaNetTM Network Manager -refers to the network's Control Computer ("CC") and is an Eka software application residing on a server that interfaces to EkaNetTM Data Manager and is responsible for network health and management. Advanced Metering Infrastructure Agreement Page 4