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03
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2018
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071718
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/17/2018
DESTRUCT DATE
15Y
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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 extension may be granted by <br /> City upon receiving a written request thirty(30) days in advance of said time limitation. The City <br /> shall have no obligation or liability to pay any invoice for work performed which the Consultant <br /> fails or neglects to submit within sixty(60)days, or any extension thereof granted by the City, after <br /> the work is accepted by the City. <br /> 6. Sufficiency of Consultant's Work. By executing this Agreement, Consultant <br /> warrants that all services will be performed in a competent, professional and satisfactory manner. <br /> 7. Ownership of Work. All reports, work data and all other documents completed or <br /> partially completed by Consultant in the performance of this Agreement("materials") shall become <br /> the property of City. All materials shall be delivered to the City upon completion or termination of <br /> the work under this Agreement. If any materials are lost, damaged or destroyed before final <br /> delivery to the City, the Consultant shall replace them at its own expense. Any and all <br /> copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees <br /> to 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 than <br /> performance of services under this Agreement and shall not be disclosed to anyone not connected <br /> with these services, unless required by law or the City provides prior written consent. <br /> 8. 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 parties and <br /> subject to a written amendment to this Agreement. <br /> 9. 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 considered <br /> to be an employee of the City for any purpose. All persons working for or under the direction of <br /> Consultant are its agents and employees and are not agents or employees of City. <br /> 10. Termination of 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 deemed <br /> terminated, and no further work shall be performed by Consultant. If the Agreement is so <br /> terminated, the Consultant shall be paid for that percentage of the work actually completed at the <br /> time the notice of termination is received. <br /> 11. 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 consent of the <br /> City, and then only upon such terms and conditions as City may set forth in writing. Consultant <br /> shall be solely responsible for reimbursing subcontractors. <br /> 12. Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold <br /> harmless, the City and its officers, agents and employees from and against all claims, losses, <br /> damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, <br /> omissions,negligent or wrongful acts of the Consultant in the performance of its services under this <br /> Agreement, regardless of whether the City has reviewed or approved the work or services which has <br /> given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall <br /> extend for a reasonable period of time after completion of the project as well as during the period of <br /> FY 18/19 Professional Services Agreement—ECHO Housing Page 2 of 9 <br />
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