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<br />Consulting Services Agreement between City of San Leandro and Last revised 06/12/2019 <br />Trafficware for ATMS Upgrade and Maintenance Page 3 of 15 <br />2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall be <br />negotiated in advance of the time the hou rly work is to be performed, and no hourly work <br />shall be performed until an Amendment to this agreement is executed according to Section <br />8.3. <br /> <br />2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall <br />not exceed $0.00. Expenses not listed in Exhibit B are not chargeable to City. <br />Reimbursable expenses are included in the total amount of compensation provided under <br />this Agreement that shall not be exceeded. <br /> <br />2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes <br />incurred under this Agreement and any similar federal or state taxes. <br /> <br />2.8 Payment upon Termination. In the event that the City or Consultant terminates this <br />Agreement pursuant to Section 8, the City shall compensate the Consultant for all <br />outstanding costs and reimbursable expenses incurred for work satisfactorily completed as <br />of the date of written notice of termination. Consultant shall maintain adequate logs and <br />timesheets to verify costs incurred to that date. <br /> <br />2.9 Authorization to Perform Services. The Consultant is not authorized to perform any <br />services or incur any costs whatsoever under the terms of this Agreement until receipt of <br />authorization from the Contract Administrator. <br /> <br /> <br />Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole <br />cost and expense, provide all facilities and equipment that may be necessary to perform the services <br />required by this Agreement. City shall make available to Consultant only the facilities and equipment lis ted <br />in this section, and only under the terms and conditions set forth herein. <br /> <br />City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be <br />reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and <br />the information in possession of the City. The location, quantity, and time of furnishing those facilities shall <br />be in the sole discretion of City. City shall also provide, as needed, on-site and remote access to the City’s <br />computer and network infrastructure with sufficient security privileges to complete the work. In no event is <br />the City obligated to furnish any facility that may involve incurring any direct expense, including but not <br />limited communication charges, vehicles, and reproduction facilities. <br /> <br />Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its <br />own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance <br />listed below against claims for injuries to persons or damages to property that may arise from or in <br />connection with the performance of the work hereunder by the Consultant and its agents, representatives, <br />employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof <br />satisfactory to City of such insurance that meets the requirements of this section and under forms of <br />insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. <br />Consultant shall maintain the insurance policies required by this section throughout the term of this <br />Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant <br />81