AR 071806 Tristar Risk Management

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3.1.2 Term. The term of this Agreement shall be from July 1, 2006 to June 30, 2009, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates, shall be performed by Consultant or under its supervision. methods and details of performing the Services subject to the retains Consultant on an independent contractor basis and not right to perform similar or different services f6i others duri additional personnel performing the Services ttnde not be employees of City and shall at all times be ur Consultant shall pay all wages; salaries, and other their performance of Services under this Agreeme responsible for all reports and obligations limited to: social security taxes, income insurance, and workers' compensation ins3 rte, Tlie Services 9eeamine the means, this Agreement. City Consultant retains the the term of this Agreement. Any Agreement on behalf of Consultant shall also ve direction and control. nnel in connection with equired by law. Consultant shall be itional personnel, including, but not unemployment insurance, disability 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Anthony Arroyo. 3.2.5 City's Representative. The City hereby designates Anthony Arroyo, or his designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this &vPUB\NOs\529334 2 (BBK revised July 2, 2001)