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HERNANDEZ CART SERVICE 2 -2004
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HERNANDEZ CART SERVICE 2 -2004
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Last modified
1/3/2012 2:55:34 PM
Creation date
11/24/2004 10:02:17 AM
Metadata
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Template:
Contracts
Company Name
Hernandez Cart Service, Inc.
Contract #
A-2004-134
Agency
Public Works
Council Approval Date
7/6/2004
Expiration Date
6/30/2006
Insurance Exp Date
3/4/2006
Destruction Year
2010
Notes
Amended By A-2005-135
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<br />d. Contractor shall provide City with a weekly log of carts collected, indicating cart <br />owner, date, time, location and the disposition of the cart. <br /> <br />2. <br /> <br />COMPENSATION <br /> <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />seven thousand dollars ($7,000.00) per month. The total sum to be expended under this <br />Agreement shall not exceed $84,000.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2005, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of Public Works <br />and the City Attorney. <br /> <br />4. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Contractor performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Contractor shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Contractor shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br /> <br />5. <br /> <br />INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Contractor shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br /> <br />a. Commercial General Liability Insurance. Contractor shall maintain <br />commercial general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s) and shall include, but not be limited to <br />protection against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of <br />Contractor's operations in the performance of this Agreement, including, without limitation, acts <br />involving vehicles. The amounts of insurance shall be not less than the following: single limit <br /> <br />2 <br />
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