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<br />ORIGINAL <br /> <br />AGREEMENT FOR ADVISORY SERVICES <br />Hilton Famkopf & Hobson, LLC <br /> <br />THIS AGREEMENT is made and entered into as of the J~ day of -Oo.-t~/l, <br />2003 by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation ("City"), <br />and Hilton Famkopf & Hobson, LLC, a Limited Liability Company ("Consultant") (collectively, the <br />"Parties"). <br /> <br />RECITALS <br /> <br />City requires the professional services of a consultant th?t is experienced in advisory services <br />to municipal management. 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 such <br />work. <br /> <br />NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained <br />herein, the Parties agree as follows: <br /> <br />1. Scope of Work. City retains Consultant to perform, and Consultant agrees to render, those <br />services (the "Services") that are defined in Exhibit "A," attached and incorporated by this reference in <br />accordance with the terms and conditions set forth in this Agreement. <br /> <br />2. Term. Unless earlier terminated, this Agreement will be effective for a period of six months <br />from the date first above written. <br /> <br />3. Compensation. The total fee payable for the Services to be performed will be Seven <br />Thousand Five Hundred dollars ($7,500). Payment will be made pursuant to Exhibit "A." No other <br />compensation for the Services will be allowed except for items covered by subsequent amendments to <br />this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted <br />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 and in <br />pursuit of Consultant's independent calling, and not as an employee of City. Consultant will be under <br />the control of City only as to the results to be accomplished. <br /> <br />5. Indemnification. Except as to the sole negligence or willful misconduct of City, Consultant will <br />defend, indemnify and hold City, its officers, agents, volunteers and employees, harmless from any and <br />all loss, damage, claims, damages, liability, expense or cost, including attorney's fees, which arises out <br />of, or is in any way connected with the performance of the Services by Consultant or any of <br />Consultant's employees, agents or subcontractors. <br /> <br />The Parties expressly agree that any payment, attorney's fee, costs or expense City incurs or <br />makes to or on behalf of an injured employee under the City's self-administered workers' <br />compensation is included as a loss, expense or cost for the purposes of this section, and that this <br />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 Best's Key <br />Rating guide of at least A-:V in an amount of not less than five hundred thousand dollars ($500,000) <br />each, unless otherwise authorized and approved by the Risk Manager or the City Manager in <br />consultation with the City Attorney. Consultant will obtain occurrence coverage, excluding Professional <br />Liability, which will be written as claims-made coverage. <br /> <br />Agreement under $1 OK <br />City Attorney Approved Version 090103 <br /> <br />1 <br /> <br />.._.......... . -_.. T' <br />