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It defines the consultant’s scope, subcontracting limits, monthly invoicing for time and materials, compensation cap, and restrictions on using town vehicles. 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The Town of Tiburon wishes to retain Professional Design Services for the development of a Final Design for the former Richardson Bay Sanitation Pond Site (“Project”) .  \nB. The Town has determined that Consultant is qualified to provide the desired design services.  \nC. The Town wishes to contract for the Consultant to provide the services described in Exhibit 1 of this agreement (“Services”), which is attached hereto and incorporated herein by reference.  \nAGREEMENT  \n1.  Scope of Consultant Services. Consultant shall perform the Services described in Exhibit 1 of this agreement. Consultant may subcontract out certain of the Services to other Consultants only as specified in Exhibit 1 or with Town’s prior written approval. In the event of such subcontracting, Consultant shall remain responsible for the full performance of the Services.  \n2.  Compensation. Consultant’s fee for the Services shall be as set forth in Exhibit 1 in this agreement. Payments shall be due thirty days after submission of an itemized invoice showing work actually completed. Consultant shall submit invoices on a monthly basis for time and materials actually expended. Consultant’s fee shall not exceed $388,783 without prior Town approval of an amendment to this agreement. Consultant shall not use any Town automobiles for performing any of the Services.  \n3.  Standard of Work; Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent or intentional act or omission of Consultant’s in the performance of the Services pursuant to this Agreement.  \n4.  Consultant as Independent Contractor; Indemnity. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and  \nresponsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security.  \n5. Attendance at Hearings. If requested by the Town Staff, Consultant shall appear at litigation and/or administrative hearings that pertain to the Services. Town shall reimburse Consultant for such appearance(s) at the hourly rate specified in Exhibit 1.  \n6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town’s discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality.  \n7.  Insurance. Consultant shall maintain insurance as set forth below.  \nA. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate.  \nB. Comprehensive Automobile Liability: Combined single limit of $1,000,000 .  \nC. The insurance required under paragraphs A and B, above, shall be endorsed with language covering the Town, its officials, officers, employees, agents and volunteers. Such coverage shall be primary, non-contributory insurance to the Town, its officials, officers and employees and shall act as though a separate policy had been written for each.  \nD. The insurance required by this Section 7 ","cbCaitwTJ9rLvkUy","https://ap.wps.com/l/cbCaitwTJ9rLvkUy","pdf",372013,9,"English","# RECITALS\n# AGREEMENT\n## 1. Scope of Consultant Services\n## 2. Compensation\n## 3. Standard of Work; Indemnity\n## 4. Consultant as Independent Contractor; Indemnity\n## 5. Attendance at Hearings\n## 6. Audit of Books and Records\n## 7. Insurance\n## 8. Ownership of Documents; Re-Use; Indemnity\n## 9. Delinquency\n## 10. Termination of Contract\n## 11. Discrimination","[{\"question\":\"What services is the consultant required to perform?\",\"answer\":\"The consultant must perform the services described in Exhibit 1. Subcontracting is allowed only as specified in Exhibit 1 or with the Town’s prior written approval, while the consultant remains responsible for full performance.\"},{\"question\":\"How is the consultant compensated and when are payments due?\",\"answer\":\"Fees follow Exhibit 1. Payments are due thirty days after submission of an itemized invoice for work actually completed, and invoices are submitted monthly for time and materials expended. The fee cannot exceed $388,783 without prior Town approval of an amendment.\"},{\"question\":\"What insurance coverage must the consultant maintain?\",\"answer\":\"The consultant must maintain comprehensive general liability and comprehensive automobile liability with stated combined single limits. The coverage must include endorsements covering the Town and related parties, be primary and non-contributory, and remain effective except after required written notice.\"}]","EXHIBIT 5 - AGREEMENT FOR PLANNING SERVICES - Draft Agreement | PDF",1789594886]