Report and agreement - Big League Dreams USA, LLC

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3. TERMS. 3.1 Scope of Services and Term. 3. 1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, services, and incidental and customary work necessary to fully and adequately supply the professional preliminary planning, land suitability and design consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. This Agreement shall commence on the effective _ date of this Agreement and shall continue, unless sooner terminated as provided in this section, for a period of four (4) months through April 30, 2001 (ATerm@). 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the Term.. No partnership, joint venture, or similar relationship has been formed or is contemplated. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Laws and Regulations. Consultant shall keep itself informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the the Services, including all Cal/OSHA requirements, and shall give all notices required of it by law. Consultant shall be liable for all violations of such laws and regulations in connection with the -Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. RVPUB\EI,C\605977 2 (BLD Jan. 2, 2001)