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AGHYAYAN, EDWARD K. -2012
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AGHYAYAN, EDWARD K. -2012
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Last modified
6/6/2012 3:23:45 PM
Creation date
6/6/2012 2:57:14 PM
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Contracts
Company Name
AGHYAYAN, EDWARD K.
Contract #
A-2012-007
Agency
PUBLIC WORKS
Council Approval Date
1/17/2012
Expiration Date
6/30/2013
Destruction Year
2018
Document Relationships
AGHJAYAN, EDWARD K (2). -2013
(Amended By)
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\Contracts / Agreements\A
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3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, at the <br />hourly rate of $180.00. The total sum to be expended under this Agreement shall not exceed $35,000 <br />during the term of this Agreement. <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 />4. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, 2013, <br />unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended on the written approval of the Executive Director of Public Works and the City Attorney. <br />5. INDEPENDENT CONTRACTOR <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 />6. INDEMNITY <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability for personal injury, damages, <br />just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, <br />including death, and claims for property damage, which may arise from the negligence or misconduct of <br />the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on his behalf <br />in the performance of the services described in section 1 of this Agreement. <br />7. CONFIDENTIALITY <br />If Consultant receives from the City information which due to the nature of such information is <br />reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or <br />disclose such information except in the performance of this Agreement, and further agrees to exercise the <br />same degree of care it uses to protect its own information of like importance, but in no event less than <br />reasonable care. "Confidential Information" shall include all nonpublic information. Confidential <br />information includes not only written information, but also information transferred orally, visually, <br />electronically, or by other means. Confidential information disclosed to either party by any subsidiary <br />and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and <br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; <br />(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful <br />possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by <br />2
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