How To Work For A City Of Germany Project

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1 CONSULTING SERVICES AGREEMENT This Consulting Services Agreement ( Agreement ) is made and entered into this day of, 2013, by and between the City of Clovis, a Municipal Corporation, hereinafter called "City," and CONSULTANT, hereinafter called "Consultant." Recitals WHEREAS, the City desires to obtain an PRODUCT for a PROJECT; and WHEREAS, the Consultant is engaged in the business of furnishing such PRODUCT as a consultant and hereby warrants and represents that it is professionally capable of performing the services called for by this Agreement. Agreement NOW, THEREFORE, in consideration of the foregoing and the covenants, conditions and promises hereinafter contained to be kept and performed by the respective parties, it is agreed by and between City and Consultant as follows: 1.Consultant shall perform to the satisfaction of City in accordance with "Exhibit A," the scope of work, Federal laws and regulations applicable to the work to be performed under this Agreement. 2. Consultant's sole compensation for all services required or rendered pursuant to this Agreement shall not exceed $COST. 3. This Agreement may be terminated by City at its discretion upon seven (7) days prior written notice to Consultant. Either party may terminate this Agreement upon seven (7) days prior written notice to the other party should the other party substantially fail to perform any obligation in accordance with this Agreement through no fault of the party giving notice. In the event termination is not due to fault attributable to Consultant, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially 1

" Recitals WHEREAS, the City desires to obtain an PRODUCT for a PROJECT; and WHEREAS, the Consultant is engaged in the business of furnishing such PRODUCT as a consultant and hereby warrants and

2 performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided; however, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in paragraph (2), above. In the event of termination due to Consultant s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. 4. The services of Consultant as described in this Agreement shall commence upon City s issuance of a written "Notice to Proceed" to Consultant. Work shall be undertaken and completed in such sequence as to assure expeditious completion consistent with the purposes of this Agreement. 5. Any notices required or permitted by this Agreement shall be deemed delivered if given in writing, mailed with postage prepaid, addressed to the respective party at the address given on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Except as otherwise provided by law, all decisions and notices required of City by this Agreement, and not otherwise specifically provided for, shall be made by the City's Director of Planning and Development Services. 6. This Agreement is personal to Consultant and any attempted assignment by Consultant shall be void unless approved in writing by City. 7. Consultant hereby agrees not to assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant. 2

In the event of termination due to Consultant s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable

3 8. Consultant shall indemnify and hold harmless City and its officers, officials, employees and agents from and against all claims, damages, losses and expenses, including reasonable attorney fees and costs arising out of the performance of the work described herein, caused in whole or in part by any willful misconduct or negligent act or omission of the Consultant, its officers, employees, representatives, subcontractors, subconsultants, agents, or anyone directly or indirectly employed by any of the aforementioned, or anyone for whose acts any of the aforementioned may be liable, except where caused by the sole negligence or willful misconduct of the City. 9. For the duration of the Agreement, Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees. 10. Minimum Scope of Insurance. Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability coverage (occurrence from CG 001). B. Insurance Services Office form number CA 0001 (Ed.1/87) covering Automobile Liability, code 1 (any auto). C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. D. Professional Liability including 3 year of Tail Coverage Minimum Limits of Insurance Consultant shall maintain limits no less than: 3

representatives, subcontractors, subconsultants, agents, or anyone directly or indirectly employed by any of the aforementioned, or anyone for whose acts any of the aforementioned may be liable,

4 A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. C. Employer's Liability: $1,000,000 per accident for bodily injury or disease Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: A. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the consultant; premises owned, occupied or used by the consultant; or automobiles owned, leased, hired or borrowed by the consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. B. For any claims related to this project, the consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers, shall be excess of the consultant's insurance and shall not contribute with it. 4

aggregate limit shall be twice the required occurrence limit. B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. C.

5 C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. D. The consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City Verification of Coverage Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The consultant's insurer shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. In the furnishing of the services provided for herein, Consultant is acting as an independent contractor and not as an employee of City. 12. In performing the work or services to be provided hereunder, Consultant shall not employ or retain the services of any person while such person either is employed by City or is a member of any City Commission or Board. 13. All work products are the property of the City of Clovis. 5

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty

6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Clovis, California, on the date first above written. ATTEST: CITY OF CLOVIS, a Municipal Corporation ("City") By: Dwight Kroll Director of Planning & Development Services Address: Rob Woolley City Manager City of Clovis Attn: George Gonzalez, MPA Associate Planner 1033 Fifth Street Clovis, CA APPROVED AS TO FORM: David Wolfe City Attorney By: CONSULTANT PRINCIPAL ("Consultant") Address: CONSULTANT ADDRESS AND CONTACT INFORMATION 6

Rob Woolley City Manager City of Clovis Attn: George Gonzalez, MPA Associate Planner 1033 Fifth Street Clovis, CA 93612

AGREEMENT FOR SERVICES BETWEEN THE CITY OF YREKA AND [CONTRACTOR] WHEREAS, Contractor has the necessary experience in providing the services; and

AGREEMENT FOR SERVICES BETWEEN THE CITY OF YREKA AND [CONTRACTOR] THIS AGREEMENT is made and entered into this day of, 2014, by and between the City of Yreka, a municipal corporation, hereinafter referred