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<br />VII. COMPENSATION OF CONSULTANT <br /> <br />The Consultant shall be paid on the basis of a firm fixed price for Phases I and II. For <br />Phase III the Consultant shall be paid on the basis of a firm fixed price of $5,000 for <br />Deliverables 13 and 14, and on the basis of actual time spent providing Negotiation <br />Support for up to $10,000. The fixed price and Consultant's hourly billing rate are set <br />forth in Exhibit A. The total amount of this Agreement shall not exceed $94,500. The <br />Government shall make payment to Consultant on the basis of Services and the work <br />product rendered as shown in Exhibit A, following the Government's receipt of an <br />invoice, which invoice shall be due within thirty (30) days of receipt, subject to the <br />Government's accounting procedures (the "Payment Date"). <br /> <br />Invoices shall be mailed to: <br /> <br />Pamela Arends-King <br />Assistant Director of Finance <br />City of Santa Ana, California <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br /> <br />VIII. INSURANCE <br /> <br />Consultant agrees to procure and maintain in effect during the term of this Agreement <br />insurance policies in the amount and with the type of coverage shown below: <br /> <br />1. Workers Compensation insurance in the form and amount required by <br />applicable law(s). <br /> <br />2. Commercial General Liability insurance on an "Occurrence Basis" with limits <br />ofliability not less than $500,000 per occurrence and/or combined single-limit <br />bodily injury and property damage. <br /> <br />3. Motor Vehicle Liability, including No-Fault coverage, with limits of liability <br />not less than $500,000 per occurrence and/or aggregate combined single limit, <br />personal injury, bodily injury and property damage. Coverage shall include <br />all non-owned vehicles, and all hired vehicles. <br /> <br />4. Professional Liability, with limits of liability of $3,000,000 per claim and <br />policy aggregate. <br /> <br />IX. INDEMNIFICATION; LIMITATION ON LIABILITY <br /> <br />A. Mutual Indemnification: Subject to any limitation set forth below in Clause B, <br />each party (the "Indemnifying Party") shall indemnify, defend and hold <br />harmless the other party (the "Indemnified Party") and its respective officers, <br />directors, employees and agents against any and all actions, controversies, <br />demands, suits, proceedings, claims, causes of action, liabilities, losses, costs, <br />interest, penalties, demands, expenses and damages of any kind whatsoever <br />(including reasonable attorneys' fees and costs incurred in connection with the <br />arbitration or resolution of any dispute as set forth herein) (collectively, "Losses") <br />related to or arising, directly or indirectly, from any claims of third parties against <br /> <br />Government Finance Officers Association 3 of] 5 <br /> <br />QBCHI\3890 10.6 <br />