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FULL PACKET_2012-05-21
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FULL PACKET_2012-05-21
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4/6/2017 4:38:53 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
5/21/2012
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4. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement <br />shall not exceed $300,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing service provided in the previous month, subject to City accounting <br />procedures. The invoice shall include the temporary employee's name, the project title, tasks <br />performed, number of hours worked and hourly rates. A copy of the timesheet(s) for the billing <br />period shall be attached. Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />5. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />expenditure of allocated funds, unless terminated earlier in accordance with Section 14, below. <br />6. INDEPENDENT CONTRACTOR <br />Consultant and its assigned personnel shall, during the entire term of this Agreement, be <br />construed to be independent contractors and not employees of the City. This Agreement is not <br />intended nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional manner in <br />which Consultant performs the services which are the subject matter of this Agreement; however, <br />the services to be provided by Consultant and its assigned personnel shall be provided in a <br />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 <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br />7. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described <br />below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance which shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily <br />and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) <br />name the City, its officers, employees, agents, volunteers and representatives as additional <br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance <br />programs maintained by the City; and (c) contain standard separation of insureds provisions. <br />25D-4
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