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3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall <br />not exceed $11,900.00 during the term of this Agreement. <br />b. City shall be billed on an annual fixed fee. Consultant agrees to file all eligible annual <br />fiscal year 2008-2009 actual cost reimbursement claims for a fixed fee of Eleven Thousand Nine <br />Hundred Dollars ($11,900). Payment by City shall be made within thirty (30) days of the execution <br />of this Agreement. <br />4. INSURANCE <br />Consultant shall obtain and maintain for the entire term of this Agreement comprehensive <br />general liability insurance, with companies acceptable to the City, authorized to issue such <br />insurance in the State of California. Said insurance shall consist of the following: <br />a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of <br />the Labor Code, Consultant, if Consultant has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />b. Professional Responsibility (Errors and Omissions) insurance with a combined single <br />limit of not less than $1,000,000.00 per claim. <br />c. The following requirements apply to the insurance to be provided by Consultant pursuant <br />to this section: <br />(i) Consultant shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled or reduced <br />in coverage or changed in any other material aspect without thirty (30) days prior <br />written notice to the City. <br />5. LIABILITY <br />Consultant shall be responsible for performing the work pursuant to this Agreement in a <br />professional manner and shall be responsible for the acts and omissions of its employees as related <br />to this Agreement. Liability of Consultant to City with regard to all work and services performed or <br />provided by Consultant for City under this Agreement shall be limited to the total fee actually paid <br />by City to Consultant. Under no circumstances shall Consultant have any liability to City in excess <br />of the amount of such fees or compensation. City acknowledges and agrees that but for the above <br />