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Consultant and District agree:  \n1. Services. Consultant shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein.  \n2. Compensation. Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum compensation amount, Consultant agrees to perform all of the Scope of Services herein required of Consultant for $  including all materials and other reimbursable amounts (“Maximum Compensation”) . Consultant shall submit invoices on a monthly basis. All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the Consultant’s signature.  \n3. Term. This Agreement commences on full execution hereof and terminates on _ _ unless otherwise extended or terminated pursuant to the provisions hereof. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the Consultant’s control, other than delays caused by the District, shall be requested in writing to the District’s Contract Administrator prior to the expiration of the specified completion date.  \n4. Assignment and Subcontracting. A substantial inducement to District for entering into this Agreement is the professional reputation and competence of Consultant. Neither this Agreement nor any interest herein may be assigned or subcontracted by Consultant without the prior written approval of District. It is expressly understood and agreed by both parties that Consultant is an independent contractor and not an employee of the District.  \n5. Insurance. Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the District, the insurance coverages specified in Exhibit B, \"District Insurance Requirements,\" attached hereto and incorporated herein by reference. Consultant shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance to District.  \n6. Indemnification. Consultant shall indemnify, defend, and hold District, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the District, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify District shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.  \n","cbCaimeUDlMU9cWr","https://ap.wps.com/l/cbCaimeUDlMU9cWr","pdf",132681,7,"English","# Services\n# Compensation\n# Term\n# Assignment and Subcontracting\n# Insurance\n# Indemnification\n# Termination and Abandonment\n# Ownership of Materials","[{\"question\":\"What services does the consultant provide under the agreement?\",\"answer\":\"The consultant provides the services set forth in Exhibit A, which is attached and incorporated into the agreement.\"},{\"question\":\"How is compensation handled and how does the consultant invoice?\",\"answer\":\"Compensation is capped at the Maximum Compensation amount, and the consultant must submit invoices monthly. Bills must include sufficient detail to support the amount due, including a description of services, service dates, hours and personnel, related costs, and the consultant’s signature.\"},{\"question\":\"What happens to materials and records if the agreement is terminated or the consultant stops work?\",\"answer\":\"The agreement allows termination for convenience with pro-rated payment for authorized services performed before the effective termination date. If the consultant ceases work or abandons the project, the consultant must deliver all materials and records prepared or obtained under the agreement, and payment reflects the reasonable value of authorized services minus deductions for damages or additional expenses incurred by the district.\"}]","Agreement for Professional Services - Contract Provisions | PDF",1789573299]