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BREEZE CREATIVE
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Last modified
6/23/2021 9:21:41 AM
Creation date
6/23/2021 9:12:40 AM
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Contracts
Company Name
BREEZE CREATIVE
Contract #
A-2021-089-01
Agency
Parks, Recreation, & Community Services
Council Approval Date
6/15/2021
Expiration Date
12/31/2023
Insurance Exp Date
1/1/1900
Destruction Year
2028
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compensation for services provided by all Consultants selected under RFQ No. 20- <br />104 is a collective amount not to exceed seven hundred and fifty thousand dollars <br />($750,000..00) during the term of the Agreement, including any extension periods. <br />b. This Agreement is contingent upon funding. In the event that funding is not <br />allocated or is reduced to a level that will not support use of the special temporary <br />exhibits, the City may terminate this Agreement immediately upon seven (7) days <br />written notice to the Consultant. <br />e. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work,which fails to meet the standards of <br />performance set forth in the Recitals, and Scope of Work, which may reasonably <br />be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and continue for two (2) <br />years until December 31,,2023, unless terminated earlier in accordance with Section 15, below. <br />The term of this Agreement may be extended upon a writing executed by the City Manager and <br />the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to :be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer -employee relationship, a joint venture relationship, or to <br />allow the.'City to exercise discretion or control over the professional manner in which Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />S. INSURANCE <br />Prior to undertaking performance of work under this agreement, Consultant shall maintain <br />and shall require Its subcontractors, if any, to obtain and maintain insurance as described below: <br />A. Commercial.General Liability (CGL): insurance Services Office Form CC 00 Olcovering <br />CGL on an "occurrence" basis, including products and completed operations, property <br />damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 <br />per occurrence. If a general aggregate limit applies, either the general aggregate limit shall <br />apply separately to this project/location ¢SO CO 25 03 or 25 04) or the general aggregate <br />limit shall be twice the required occurrence limit. <br />b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code <br />4 <br />Page 2 of 10 <br />
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