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SR 05:142
City of Pleasanton
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SR 05:142
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6/15/2005 2:18:02 PM
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6/15/2005 2:15:51 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
6/21/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:142
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5. Ownership of Work. All reports, drawings, exhibits and output files, <br />designs, work data, and all other documents completed or partially completed by <br />Consultant in the performance of this Agreement shall become the property of City. <br /> <br />Terms. This contract shall apply to fiscal years 2002-03 and 2003-04 <br />ending on June 30, 2004. <br /> <br /> 7. Compensation. For the services to be rendered hereunder, City shall pay <br />Consultant on a time-and-materials basis, not to exceed $500,000 for fiscal years 2002-03 <br />and 2003-04, based on rate schedule per attached Exhibit "B". Partial payment shall be <br />made on a monthly basis in proportion to the percentage of work completed, upon receipt <br />of Consultant's invoice and the approval of the Director of Public Works. <br /> <br />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 />contract number and authorization number. Payment shall be made <br />within thirty (30) days of receipt of Consultant's invoice. <br /> <br />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 /> <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 /> <br /> 9. Consultant's Status. In 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 /> <br /> 10. Termination of Convenience of City. The City may terminate this <br />Agreement at any time by mailing a notice in writing to Consultant that the Agreement is <br />terminated. Said Agreement shall then be deemed terminated, and no further work shall <br />be performed by Consultant. If the Agreement is so terminated, the Consultant shall be <br />paid for that percentage of the work actually completed, based on a pro rata portion of the <br />total fixed sum compensation described in Section 7 herein at the time the notice of <br />termination is received. <br /> <br /> <br />
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