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4. Contract Renewal Option. It should be noted that City and the Contractor shall retain <br />the right to renew the signed Agreement for additional one-year periods up to, but not <br />exceeding, four (4) additional years. This Agreement may be renewed only by mutual <br />agreement between the parties involved. Each party retains the right not to renew the <br />Agreement at the time of its annual review. If the parties agree that the terms shall <br />continue, the base contract amount shall be increased annually, beginning on July 1, <br />2009, by the May percentage published in the Engineering News Record (ENR) <br />Construction Cost index for San Francisco. The only items that shall be subject to <br />negotiation are the following: <br />a) additional items of work <br />b) new sites. <br />5. Compensation: For the services to be rendered hereunder, City shall pay Contractor <br />$6,500 per month, not to exceed $78,000 per year. <br />6. Method of Payment. Payment shall occur within 30 days of approval of the monthly <br />invoice. <br />7. Indemnification. Contractor shall indemnify, save and hold harmless from and defend <br />the City, its officers, agents, and employees, against any and all claims, costs, demands, <br />causes of action, suits, losses, expense or liability arising from, or alleged to have arisen, <br />from any acts or omissions of Contractor, its agents, sub-contractors, officials or <br />employees, in connection with the execution of the work covered by this Agreement, as it <br />may be amended, except for the sole negligence or willful misconduct of the City. This <br />indemnification includes any claim that the materials or equipment provided under this <br />Agreement, or any tool, article or process used in manufacture of such tools or <br />equipment, constitutes an infringement of any patent issued by the United States. This <br />entire indemnification provision shall survive termination or cancellation of this <br />Agreement. <br />8. Insurance. During the term of this Agreement, Contractor shall maintain in full force <br />and effect at its own cost and expense the following insurance coverage: <br />a. General Liability and Bodily Iniury Insurance <br />A commercial general liability insurance for at least $1,000,000 combined <br />limit for bodily injury and property damage and provide that the City, its <br />officers, employees and agents are named additional insured under the policy. <br />The policy shall state in writing either on the Certificate of Insurance or <br />attached rider thereof that this insurance will operate as primary insurance for <br />work performed by Contractor and its subcontractors, and that no other <br />insurance effected by City or other named insured will be called on to cover a <br />loss covered thereunder. <br />