WITTMAN ENTERPRISES, LLC - Laserfiche WebLink

Home Browse Search

b. CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its optional services the rates and charges as set forth in EXHIBIT B. C. CONSULTANT shall bill for emergency Medical Services at the rates established by City Council Resolution. d. Payment by CITY shall be made within 45 days (forty-five) 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 the CITY. 3. TERM This Agreement shall commence on January 1, 2020 and continue until December 31, 2022 with the option for the CITY to grant up to two (2) one (1) year renewals, exercisable in writing by the City Manager and the City Attorney, 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. CONSULTANT 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, CGL insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant 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, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 6. INDEMNIFICATION CONSULTANT agrees to defend, and shall indemnify and hold harmless the CITY, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for #15078v2 Page 2 of 7