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<br />6.11 <br />Page 7 <br /> <br />Counsel, the specific costs of which are shown on Exhibit "B." Travel outside San <br />Mateo County will require prior approval by City Attorney, City does not payor <br />reimburse for word processing charges. Word processing charges include per page or <br />hourly charges, <br /> <br />7. Advancement of Costs. Special Counsel will advance expenses <br />and costs incurred on behalf of the City under this Agreement in an amount not <br />exceeding $450 per month. If costs will exceed $450 per month, costs in excess of this <br />total shall be paid directly by the City or shall be advanced to Special Counsel pursuant <br />to a separate letter agreement which the City Attorney is authorized to execute on <br />behalf of the City. <br /> <br />8. Pavment for Services. Special Counsel shall submit itemized <br />monthly invoices to the City accounting for all services provided and costs incurred <br />pursuant to the terms of this Agreement. Each monthly invoice shall bill in .10 hour <br />increments and shall include the total hours peñormed to date. Minimum billing <br />requirements are unacceptable to the City and invoice shall charge only for actual time <br />spent. Payment will occur only after receipt by City of invoices sufficiently detailed that <br />clearly set forth by date, the type of work performed, the specific subject of work <br />peñormed or legal research peñormed, and the time spent on a task. Payment to <br />Special Counsel shall be made by City within thirty (30) days of receipt of the invoice, <br />except for those specific items on the invoice which are contested or questioned and <br />returned by City, with written explanation, within thirty (30) days of receipt of the invoice. <br />Special Counsel shall provide to City, a written response to any statement contested or <br />questioned and further, upon request of City, provide City with any and all documents <br />related to the service or costs. No charge shall be made for time expended in providing <br />this information to the City. <br /> <br />9. Status of Special Counsel. Special Counsel will peñorm the <br />Services in Special Counsel's own way as an independent contractor and in pursuit of <br />Special Counsel's independent calling, and not as an employee of City. The persons <br />used by Special Counsel to provide services under this Agreement will not be <br />considered employees of City for any purposes. <br /> <br />The payment made to Special Counsel pursuant to the Agreement <br />will be the full and complete compensation to which Special Counsel is entitled. City will <br />not make any federal or state tax withholdings on behalf of Special Counselor its <br />agents, employees or subcontractors. City will not be required to pay any workers' <br />compensation insurance or unemployment contributions on behalf of Special Counselor <br />its employees or subcontractors. Special Counsel agrees to indemnify City within thirty <br />(30) days for any tax, retirement contribution, social security, overtime payment, <br />unemployment payment or workers' compensation payment which City may be required <br />to make on behalf of Special Counselor any agent, employee, or subcontractor of <br />Special Counsel for work done under this Agreement. At the City's election, City may <br />deduct the indemnification amount from any balance owing to Special Counsel. <br /> <br />10. <br /> <br />Subcontractina. Special Counsel will not subcontract any portion of <br /> <br />Atty/Agr/2006.009 <br />030306 <br /> <br />2 <br />