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not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker's
<br /> compensation and prevailing wages. If applicable, Consultant shall comply with all
<br /> prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and
<br /> 1813 of the California Labor Code and any other applicable wage and hour law. If any
<br /> violation of prevailing wage law associated with this Agreement is deemed to have
<br /> occurred by any court or administrative authority, Consultant shall forfeit to the Cities, as
<br /> a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for
<br /> each laborer, worker, or mechanic employed, paid less than the applicable prevailing
<br /> rates for any work done to accomplish the purposes of this Agreement.
<br /> 5. Compensation and Payment.
<br /> (a) The total compensation payable by Livermore to Consultant for the Services
<br /> SHALL NOT EXCEED the sum of $55,000 ("Livermore not-to-exceed amount').
<br /> Livermore shall compensate Consultant for the Services rendered at the hourly rates or
<br /> task amounts, and in accordance with the budget, as set forth in Exhibit"A" up to the not-
<br /> to-exceed amount. The Livermore not-to-exceed amount is intended to be Consultant's
<br /> only compensation for the Services from Livermore and is inclusive of one-half of all costs
<br /> of labor, licensing, permitting, travel expenses, overhead and administrative costs, and
<br /> any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and
<br /> employees to provide the Services.
<br /> (b) The total compensation payable by Pleasanton to Consultant for the
<br /> Services SHALL NOT EXCEED the sum of $55,000 ("Pleasanton not-to-exceed
<br /> amount"). Pleasanton shall compensate Consultant for the Services rendered at the
<br /> hourly rates or task amounts, and in accordance with the budget, as set forth in Exhibit
<br /> "A" up to the not-to-exceed amount. The Pleasanton not-to-exceed amount is intended
<br /> to be Consultant's only compensation for the Services from Pleasanton and is inclusive
<br /> of one-half of all costs of labor, licensing, permitting, travel expenses, overhead and
<br /> administrative costs, and any-and-all other costs, expenses, and charges incurred by
<br /> Consultant, its agents, and employees to provide the Services.
<br /> (c) Cities shall pay Consultant no later than 30 days after Cities receive a
<br /> written invoice from Consultant and verify the Services were performed for the payment
<br /> requested.
<br /> 6. Term. The term of this Agreement commences on July 1, 2017, and terminates
<br /> upon the completion of the Services or June 30, 2018, whichever occurs first.
<br /> 7. Termination by Cities. Cities may terminate any portion or all of the Services by
<br /> giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination
<br /> notice, Consultant shall immediately stop all work in progress on the Services except
<br /> where necessary to preserve the benefit of the work, and assemble the work on the
<br /> Services for delivery to Cities on the termination date. All compensation for Services
<br /> performed prior to the termination date shall be payable to Consultant in accordance with
<br /> Section 5.
<br /> Professional Services Agreement—ECHO Housing Page 3
<br /> Rev. 4/17
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