City Council Agenda and Packet 2018 04 17

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assessed an interest charge of one percent (1%) per month unless the delay in payment resulted from unsatisfactory work or documentation therefor. 5.0 PROJECT REPRESENTATION 5.1 The City designates Emily Hogan, Assistant to the City Manager, as the responsible City staff to provide direction to the Consultant during the conduct of the Services. The Consultant shall comply with the directions given by Emily Hogan and their designees. 5.2 The Consultant designates Bryan Shippey as its project manager and as the principal in charge who shall be providing the Services under this Agreement. 6.0 TERM The term of this Agreement shall be April 17, 2018 to August 31, 2018, unless sooner terminated pursuant to Section 13, below. The Consultant's Services under this Agreement shall commence upon execution of this Agreement by the City and shall progress so that the Services are completed in a timely fashion consistent with the City's requirements. Consultant acknowledges that any City expenditures or financial obligations for this Agreement outside the current fiscal year are subject to annual budgeting and appropriation of funds for such purposes in the discretion of the City Council, and that this Agreement does not constitute any City debt or multiple -fiscal year obligation. 7.0 INSURANCE 7.1 The Consultant agrees to procure and maintain, at its own cost, the policies of insurance set forth in Subsections 7.1.1 through 7.1.4. The Consultant shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. The coverages required below shall be procured and maintained with forms and insurers acceptable to the City. All coverages shall be continuously maintained from the date of commencement of services hereunder. The required coverages are: 7.1.1 Workers' Compensation insurance as required by the Labor Code of the State of Colorado and Employers Liability Insurance. If under Colorado law the Consultant is not required to carry workers' compensation insurance, the Consultant shall execute a Certificate of Exemption and Waiver, attached hereto as Exhibit B. 7.1.2 General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate. 7.1.3 Automobile liability and physical damage insurance for any vehicle used in performing services for the City, of such types and in such amounts not less than prescribed by Colorado law. 2 60