A1 EVENT & PARTY RENTAL-2017 - Laserfiche WebLink

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2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services shall not exceed One Hundred and Fifty Thousand Dollars ($150,000) for each annual term. Contractor shall be paid for services performed under this Agreement at the rates and charges identified in Exhibit A to this Agreement. The total sum to be expended under this Agreement shall not exceed Four Hundred and Fifty Thousand Dollars ($450,000) for the entire term of the Agreement, including any renewals. b. For each City -hosted event for which Contractor provides equipment and/or services, payment shall be made upon the provision of such equipment and/or services provided for that event, which shall ordinarily be the first day of the event unless otherwise agreed by the parties. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals, 3. TERM This Agreement shall commence on March 21, 2017 and terminate on December 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for an additional two, one-year renewal options, by a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts Page 2 of 7