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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2010
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072010
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7/14/2010 12:13:16 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/20/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
19
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a. Invoices submitted to City must contain a brief description of work <br /> performed, percentage of work completed, percentage of contract time used, <br /> percentage of contract amount expended and City reference number <br /> Payment shall be made within thirty (30) days of receipt of Consultant's invoice. <br /> b. Upon completion of work and acceptance by City, Consultant shall <br /> have sixty (60) days in which to submit final invoicing for payment. An extension may <br /> be granted by City upon receiving a written request thirty (30) days in advance of said <br /> time limitation. The City shall have no obligation or liability to pay any invoice for work <br /> performed which the Consultant fails or neglects to submit within sixty (60) days, or any <br /> extension thereof granted by the City, after the work is accepted by the City. <br /> 6. Sufficiency of Consultant's Work. By executing this Agreement, <br /> Consultant warrants that all services will be performed in a competent, professional and <br /> satisfactory manner. Should Consultant discover any latent or unknown conditions, it <br /> shall immediately inform City and proceed only at its own risk until instructed by City. <br /> 7. Ownership of Work. All reports, work data, plans, drawings, <br /> specifications, designs, photographs, images, works of authorship and all other <br /> documents completed or partially completed by Consultant in the performance of this <br /> Agreement "materials shall become the property of City. All materials shall be <br /> delivered to the City upon completion or termination of the work under this Agreement. <br /> If any materials are lost, damaged or destroyed before final delivery to the City, the <br /> Consultant shall replace them at its own expense. Any and all copyrightable subject <br /> matter in all materials is hereby assigned to the City and the Consultant agrees to <br /> execute any additional documents that may be necessary to evidence such assignment. <br /> Consultant shall keep materials confidential and shall not be used for purposes other <br /> than performance of services under this Agreement and shall not be disclosed to <br /> anyone not connected with these services, unless the City provides prior written <br /> consent. <br /> 8. Changes. City may request changes in the scope of services to be <br /> provided by Consultant. Any changes and related fees shall be mutually agreed upon <br /> between the parties and subject to a written amendment to this Agreement. <br /> 9. Consultant's Status. In performing the obligations set forth in this <br /> Agreement, Consultant shall have the status of an independent contractor and <br /> Consultant shall not be considered to be an employee of the City for any purpose. All <br /> persons working for or under the direction of Consultant are its agents and employees <br /> and are not agents or employees of City. <br /> 10. Labor Code /Prevailing Wages. To the extent applicable, Consultant shall <br /> comply with the requirements of the California Labor Code including but not limited to hours of <br /> labor, nondiscrimination, payroll records, apprentices, workers' compensation and payment of <br /> prevailing wages as determined by Director of the California Department of Industrial <br /> Relations. Consultant shall post, at each job site, a copy of the prevailing rate of per diem <br />
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