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4) Independent Contractor Status. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City of Redwood City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee of the City. 5) Billinqs• Consultant shall submit progress billings as services are delivered. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person (reasonable quality control and assurance work as generally recognized as an acceptable practice in this field is accepted). ConsultanYs bill shall include the following information for the project: a brief description of services perFormed, the date the services were performed, the number of hours spent and by whom, a brief description of any costs incurred, percent completion to date of each task and subtask, total of prior billings, amount for billing period, total billing to date, and the ConsultanYs signature. In no event shall Consultant submit any billing for an amount in excess of the maximum amount of compensation provided in section (2) above absent the City Manager's prior written approval. 6) Advice and Status Reportinq. Consultant shall provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder. 7) Desiqnation of Primarv Provider of Services. The City designates Rhonda Coffman, CDBG/HOME Administrator, who shall serve as ConsultanYs principal contact for the services provided under this Agreement. 8) Assipnment of Personnel. Consultant shall assign only competent personnel to perForm services pursuant to this Agreement. If City asks Consultant to remove for cause a person assigned to the work called for under this Agreement, Consultant agrees to do so immediately regardless of the reason for City's request. 9) Assiqnment and Subcontractinq. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the qualifications and competence of Consultant. Neither this Agreement nor any interest therein may be assigned by Consultant without the prior written approval of the City Manager. Consultant shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City Manager. 10) Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the City the insurance specified in subsections (a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the City of Redwood City. ATTY/AGR/2011.075/CDS SERVICES AGREEMENT 083011 2