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<br /> <br /> <br /> <br /> <br /> 4. COMPENSATION <br /> <br /> a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br /> and charges identified in Exhibit B, attached hereto. The total sum to be expended under this Agreement <br /> shall not exceed $55,180.00 during the term of this Agreement. <br /> <br /> b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br /> evidencing work performed, subject to City accounting procedures. Payment need not be made for work <br /> which fails to meet the standards of performance set forth in the Recitals which may reasonably be <br /> expected by City. <br /> 5. TERM <br /> <br /> This Agreement shall commence on the date first written above and terminate on December 31, <br /> 2012, unless terminated earlier in accordance with Section 14, below. The term of this agreement may <br /> be extended on the written approval of the Executive Director of Public Works and the City Attorney. <br /> <br /> 6. INDEPENDENT CONTRACTOR <br /> <br /> Consultant shall, during the entire term of this Agreement, be construed to be an independent <br /> contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br /> create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br /> discretion or control over the professional manner in which Consultant performs the services which are <br /> the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br /> provided in a manner consistent with all applicable standards and regulations governing such services. <br /> Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br /> similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br /> 7. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Consultant shall maintain and <br /> shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br /> <br /> a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br /> liability insurance which shall include, but not be limited to protection against claims arising from bodily <br /> and personal injury, including death resulting therefrom and damage to <br /> g g property, resulting from any act or <br /> occurrence arising out of Consultant's operations in the performance of this Agreement, including, <br /> without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: <br /> single limit coverage applying to bodily and personal injury, including death resulting therefrom, and <br /> property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the <br /> City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br /> primary and not contributory with respect to insurance or self-insurance programs maintained by the City; <br /> and (c) contain standard separation of insureds provisions. <br /> b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the <br /> Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for <br /> worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work <br /> under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with <br /> limits not less than $1,000,000 per accident. <br /> <br /> <br /> 2 <br /> 25B-6 <br />