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04
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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040213
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04
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3/27/2013 4:38:15 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/2/2013
DESTRUCT DATE
15Y
DOCUMENT NO
04
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performed which the Consultant fails or neglects to submit within sixty (60) days, or <br /> any extension thereof granted by the City, after the work is accepted by the City. <br /> 5. Sufficiency of Consultant's Work. All reports, drawings, designs, plan review <br /> comments and work product shall be adequate and sufficient to meet the purposes for <br /> which they are prepared. <br /> 6. Ownership of Work. All reports, drawings, designs, plan review comments, work <br /> product, and all other documents completed or partially completed by CONSULTANT in <br /> the performance of this Agreement shall become the property of the CITY. All materials <br /> shall be delivered to the City upon completion or termination of the work under this <br /> Agreement. If any materials are lost, damaged or destroyed before final delivery to the <br /> City, the Consultant shall replace them at its own expense. Any and all copyrightable <br /> subject 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. Materials shall not be used for purposes <br /> other 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 consent. <br /> 7. Changes. City may request changes in the scope of services to be provided by <br /> Consultant. Any changes and related fees shall be mutually agreed upon between the <br /> parties and subject to a written amendment to this Agreement. <br /> 8. Consultant's Status. In performing the obligations set forth in this Agreement, <br /> Consultant shall have the status of an independent contractor and Consultant shall not be <br /> considered to be an employee of the City for any purpose. All persons working for or <br /> under the direction of Consultant are its agents and employees and are not agents or <br /> employees of City. <br /> 9. Termination for Convenience of City. The City may terminate this Agreement at <br /> any time by mailing a notice in writing to Consultant. The Agreement shall then be <br /> deemed terminated, and no further work shall be performed by Consultant. If the <br /> Agreement is so terminated, the Consultant shall be paid for that percentage of the work <br /> actually completed at the time the notice of termination is received. <br /> 10. Non-Assignability. The Consultant shall not assign, sublet, or transfer this <br /> Agreement or any interest or obligation in the Agreement without the prior written <br /> consent of the City, and then only upon such terms and conditions as City may set forth <br /> in writing. Consultant shall be solely responsible for reimbursing subcontractors. <br />
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