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<br />ORIGfNAL <br /> <br />AGREEMENT FOR PLANNING AND FACILITATION SERVICES FOR THE ALCOHOL AND <br />OTHER DRUG PREVENTION PLANNING EFFORT <br />PENINSULA CONFLICT RESOLUTION CENTER (PCRC) <br /> <br />THIS AGREEMENT is made and entered into as of the 31 day of October 2008, by and <br />between the CITY OF REDWOOD CITY, a charter city and municipal corporation ("City"), serving <br />as fiscal agent for Redwood City 2020 and Peninsula Conflict Resolution Center (PCRC), a <br />nonprofit organization, ("Consultant") (collectively, the "Parties"). <br /> <br />RECITALS <br /> <br />City requires the professional services of a consultant that is experienced in planning and <br />facilitation services. Consultant has the necessary experience in providing these professional <br />services, has submitted a proposal to City and has affirmed its willingness and ability to perform <br />such work. <br /> <br />NOW, THEREFORE, in consideration of these recitals and the mutual covenants <br />contained herein, the Parties agree as follows: <br /> <br />1. Scope of Work. City retains Consultant to perform, and Consultant agrees to render, <br />those services (the "Services") that are defined in Exhibit "A," attached and incorporated by this <br />reference in accordance with the terms and conditions set forth in this Agreement. <br /> <br />2. Term. Unless earlier terminated, this Agreement will be effective from July 1, 2008 until <br />June 30, 2009. <br /> <br />3. Compensation. The total fee payable for the Services to be performed will be Eight <br />Thousand dollars ($8,000). Payment will be made pursuant to Exhibit "A." No other compensation <br />for the Services will be allowed except for items covered by subsequent amendments to this <br />Agreement. City reserves the right to withhold a ten percent (10%) retention until City has <br />accepted the work and/or the Services specified in Exhibit "A." <br /> <br />4. Status of Consultant. Consultant will perform the Services as an independent contractor <br />and in pursuit of Consultant's independent calling, and not as an employee of City. Consultant will <br />be under the control of City only as to the results to be accomplished. <br /> <br />5. Indemnification. Consultant will defend, indemnify and hold harmless City and its officers, <br />agents, employees and volunteers from and against all claims, damages, losses and expenses <br />including attorney fees arising out of the performance of the Services, caused in whole or in part <br />by the willful misconduct or any negligent act or omission of the Consultant, any subcontractor, <br />anyone directly or indirectly employed by any of them or anyone for whose acts any of them may <br />be liable, except where caused by the active negligence, sole negligence, or willful misconduct of <br />City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, costs or <br />expense City incurs or makes to or on behalf of an injured employee under the City's self- <br />administered workers' compensation is included as a loss, expense or cost for the purposes of <br />this section, and that this section will survive the expiration or early termination of the Agreement. <br /> <br />6. Insurance. Consultant will obtain and maintain policies of commercial general liability <br />insurance, automobile liability insurance, a combined policy of workers' compensation, employers <br />liability insurance, and professional liability insurance from an insurance company authorized to <br />transact the business of insurance in the State of California which has a current rating in the <br /> <br />Agreement under $1 OK <br />City Attorney Approved Version 111803 <br /> <br />1 <br />