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06
City of Pleasanton
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2011
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090611
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8/26/2011 4:13:01 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/6/2011
DESTRUCT DATE
15Y
DOCUMENT NO
06
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6. Terms. End of the contract year shall be July 1, 2012. Consultant shall <br /> begin immediately. Two one year extensions may be issued at the end of each contract <br /> year. <br /> 7. Compensation. For the services to be rendered hereunder, City shall pay <br /> Consultant on a time-and-materials basis, not to exceed $100,000 per contract year, based <br /> on the schedule per attached Exhibit "A". Individual projects covered by this contract <br /> shall require separate proposals and shall not exceed the cost estimate submitted. <br /> Projects Partial payment shall be made on a monthly basis in proportion to the percentage <br /> of work completed, upon receipt of Consultant's invoice. <br /> a. Invoices submitted to City for payment must contain a brief description of <br /> work performed, percentage of work completed, percentage of contract <br /> time used, percentage of contract amount expended and City reference <br /> numbers Account No. and Contract No. Payment shall be made within <br /> thirty(30) days of receipt of Consultant's invoice. <br /> b. Upon completion of work and acceptance by City, Consultant shall have <br /> sixty (60) days in which to submit final invoicing for payment. An <br /> extension may be granted by City upon receiving a written request thirty <br /> (30) days in advance of said time limitation. The City shall have no <br /> obligation or liability to pay any invoice for work performed which the <br /> Consultant fails or neglects to submit within sixty days, or any extension <br /> thereof granted by the City, after the work is accepted by the City. <br /> 8. Changes. City may request, from time to time, changes in the scope of <br /> services to be provided by Consultant. Any changes and related fees shall be mutually <br /> agreed upon between City and Consultant and shall be the subject of a written <br /> amendment to this Agreement. <br /> 9. Consultant's Status. En the performance of the obligations set forth in <br /> this 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, servants, and <br /> employees and are not agents, servants, or employees of City. <br /> 10. Termination <br /> a) For Convenience of City. The City may terminate this Agreement at any time by <br /> mailing a notice in writing to Consultant that the Agreement is terminated. Upon the date <br /> such notice is received by Consultant, said Agreement shall then be deemed terminated, <br /> and no further work shall be performed by Consultant. If the Agreement is so terminated, <br /> the Consultant shall be paid for that percentage of the work actually completed, based on <br /> a pro rata portion of the total fixed sum compensation described in Section 7 herein at the <br /> time the notice of termination is received. <br /> b) For Default If the Consultant fails to perform in the manner called for in the <br /> Agreement, or if the Consultant fails to comply with any other provisions of the <br /> Agreement, City may terminate this Agreement for default. Termination shall be effected <br /> by serving a notice of termination on the Consultant setting forth the manner in which the <br />
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