HAYER CONSULTANTS INC.-2017 - Laserfiche WebLink

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2. COMPENSATION a. The total amount of this Agreement shall not exceed $166,666 during the term of this Agreement. However, City neither warrants nor guarantees any minimum or maximum compensation, within that not to exceed amount, to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in ]Exhibit B. Consultant is one of six Consultants selected to provide on-call municipal expedited site/building/inspection services on an as needed basis pursuant to the Request for Council Action (RFCA) dated March 7, 2017, the terms of which are incorporated herein. 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, 3. TERM This Agreement shall commence on the date first written above and terminate three (3) years from said commencement date on July 512020, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City. Attorney, 4. 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 perforans 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 taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Cotmneroial General Liability Insurance. Consultant shall maintain commercial general liability insurance which 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 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The