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<br /> <br /> <br /> <br /> <br /> <br /> ii. SCADA server upgrade and integration services shall be completed for a total <br /> amount not to exceed $48,000. <br /> iii. On call hardware and software support shall be provided at the rates set forth in <br /> Exhibit C, Transdyn Professional and Support Services. The total sum to be <br /> expended for on-call support under this Agreement shall not exceed $25,000. <br /> <br /> b. Payment by City shall be made within thirty (30) days following receipt of proper <br /> invoice evidencing work performed, subject to City accounting procedures. Payment <br /> need not be made for work which fails to meet the standards of performance set forth <br /> in the Recitals which may reasonably be expected by City. <br /> 3. TERM <br /> <br /> Notwithstanding the date of execution of this Agreement, performance of services under <br /> this Agreement shall commence on July I, 2013 and continue through June 30, 2014, unless <br /> terminated earlier in accordance with Section 12, below. <br /> <br /> 4. INDEPENDENT CONTRACTOR <br /> <br /> Contractor 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 nor <br /> shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br /> to allow the City to exercise discretion or control over the professional manner in which <br /> Contractor performs the services which are the subject matter of this Agreement; however, the <br /> services to be provided by Contractor shall be provided in a manner consistent with all applicable <br /> standards and regulations governing such services. Contractor shall pay all salaries and wages, <br /> employer's social security taxes, unemployment insurance and similar taxes relating to employees <br /> and shall be responsible for all applicable withholding taxes. <br /> 5. INSURANCE <br /> <br /> Prior to undertaking performance of work under this Agreement, Contractor shall <br /> maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described <br /> below: <br /> a. Due to the nature of services provided, Commercial General Liability insurance is not <br /> required. <br /> C. Worker's Compensation Insurance. In accordance with the provisions of Section <br /> 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured <br /> against liability for worker's compensation or to undertake self-insurance. Prior to commencing <br /> the performance of the work under this Agreement, Contractor agrees to obtain and maintain any <br /> employer's liability insurance with limits not less than $1,000,000 per accident. <br /> d. Professional liability (errors and omissions) insurance, with a combined single <br /> limit of not less than $1,000,000 per claim. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 25C-4 <br />