CHOW, EDWARD-2012 - Laserfiche WebLink

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3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $115.00 for services provided remotely and $125.00 for services provided on site. Remote services shall be engaged for a minimum one hour per engagement and billed in increments of one hour- On-site services shall be engaged for a minimum of sixteen hours per engagement and billed in increments of one hour. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2013, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended by a writing executed by the Executive Director of Finance and Management Services and the City Attorney. 5_ INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding takes. 6. INSiTRANCE Prior to undertaking performance of work under this Agreement, Consultant shall obtain, and shall maintain throughout the duration of this Agreement, business automobile liability insurance, or equivalent form, with a combined single limit of not less than $500,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. Certificates of insurance evidencing the above coverage shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. The policy shall state that the insurance shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other 2