ORD 2101 - Laserfiche WebLink

(a) Meeting with the City Manager and Director of Finance. Prior to issuance of the first building permit for the Project. the Developer, and its contractors and its subcontractors then providing services or materials to the Project in excess of Five Million Dollars ($5.000.000)(to the extent such contractors and subcontractors have been identified and contracted with at such time) may. at their election. meet with the City's City Manager and Finance Director to review the process that the Developer's contractors and subcontractors should follow with respect to sales and use taxes. Developer agrees to advise any contractors and subcontractors that do not attend this initial meeting of the requirements of this section. and, upon reasonable request. the City agrees to meet and review with such contractors and subcontractors the process that they should follow. The Developer shall comply with the following: (b) Contract Provisions for Contracts. To the extent the Developer has not executed a construction contract with its general contractor prior to the Effective Date, the Developer shall include, and shall cause its general contractor to include, a provision in all construction contracts entered into with contractors and subcontractors substantially in the form attached as Exhibit D. (c) Contractor Information. The Developer shall, when reasonably requested by the City, provide the City's Finance Department with (unless such information requires the disclosure of confidential information, trade secrets, or information that impairs the Developer's ability to gain pricing advantages relative to materials and services): (1) A list of the Developer's contractors and subcontractors who will or have performed construction services or who will or have furnished materials for the construction of the Project. which list shall include the following items: (i) Name of contractor (ii) Address and telephone number of headquarters or office (iii) Name and telephone number of contact person (iv) Estimated value of the contract (v) Estimated Completion Date (vi) Scope of Work (2) A complete copy of each contract with each such contractor(which may have confidential information redacted). (d) City's Remedies. If the City determines that any contractor or subcontractor has not complied with the provisions set forth in its agreement with the Developer or Developer's contractor, as the case may be, Developer shall be liable to City for a non-compliance penalty of the greater of$10,000 or the sales or use tax revenue that City would have gained had contractor or subcontractor properly complied with the provisions of this section 3.10. (e) Subject to Applicable Law. The obligations set forth in this Agreement shall in all cases be subject to applicable laws and regulations. including without limitation the California Sales and Use Tax -8-