|
• $22,500 per class, for up to four (4) Three Day IAT classes;
<br />• $3,000 per Refresher class scheduled consecutively with the Three Day
<br />IAT class, $4,650 if Refresher is not consecutive with the Three Day
<br />IAT, for up to twenty seven (27) classes;
<br />• $17,000 for one (1) Train the Trainer course.
<br />Said charges include tuition costs, equipment as outlined in Exhibit A, certificate of
<br />completion for each student, and Consultant travel expenses. The total amount to be
<br />expended shall not exceed $200,000 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 work performed and deliverables completed, subject to City
<br />accounting procedures. Payment need not be made for work which fails to meet the
<br />standards of performance set for in the Recitals which may reasonably be expected
<br />by City.
<br />4. TERM
<br />This Agreement shall commence on the date first written above and terminate on
<br />satisfactory completion of all training, which the parties agree should be complete on or
<br />before April 30, 2014, unless terminated earlier in accordance with Section 13, below.
<br />INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreement, be construed to be an
<br />independent contractor and not an employee of the City. This Agreement is not intended
<br />nor shall it be construed to create and employer-employee relationship, a joint venture
<br />relationship, or to allow the City to exercise discretion or control over the professional
<br />manner in which Consultant performs the services which are the subject matter of this
<br />Agreement; however, the services shall be provided in a manner consistent with all
<br />applicable standards and regulations governing such services. Consultant shall pay all
<br />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
<br />taxes.
<br />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
<br />described below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general
<br />liability insurance naming the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s) and shall include, but not be limited to protection
<br />against claims arising from bodily injury and personal injury, including death resulting
<br />there from and damage to property, resulting from any act or occurrence arising out of
<br />Consultant's operations in the performance of this Agreement, including, without
<br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the
<br />following: single limit coverage applying to bodily and personal injury, including death
<br />resulting there from, and property damage, in the total amount of $1,000,000 per
<br />occurrence, $2,000,000 general aggregate. Consultant shall supply City with a fully
<br />executed additional insured endorsement which shall (a) name the City, its officers,
<br />employees, agents, volunteers and representatives as additional insured(s); (b) be primary
<br />and not contributory with respect to insurance or self-insurance programs maintained by
<br />25C-4
|