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SR 05:281
City of Pleasanton
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2005
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SR 05:281
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Last modified
11/4/2005 10:33:07 AM
Creation date
10/13/2005 2:27:44 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
10/18/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:281
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<br /> Contract Number <br />a. Contract Renewal. It should be noted that the City and the Consultant shall retain <br />the right to renew the signed Contract for an additional one year period up to, but not exceeding, <br />two additional years. This Contract may be renewed only by mutual agreement between the <br />parties involved. Each party retains the right to not renew the Agreement at the time of its <br />annual review. If the parties agree that the terms shall continue, the only item(s) that shall be <br />subject to negotiation are costs for paper, ink and gasoline. <br />7. Compensation. For the services to be rendered hereunder, City shall pay <br />Consultant $47,138.72, as described more particularly in Exhibit "A". Payment shall be made on <br />a quarterly basis upon receipt of Consultant's invoice and the approval of the Director of Parks <br />and Community Services Department or the Director's designee. <br />a. If City discovers printing errors in Activity Guides, and those errors are <br />determined to be the sole responsibility of the Consultant, Consultant and City shall negotiate an <br />acceptable discount on the applicable invoice. Printing error discount shall be at least 7% of <br />printing costs, exclusive of taxes and delivery charges. If Consultant delivers Activity Guides <br />after the agreed-upon delivery date, Consultant and City shall negotiate an acceptable discount <br />on the applicable invoice, assuming that City has given Consultant the final copy by the agreed- <br />upon date, and that Consultant's failure to meet the delivery schedule is not due to an act of God; <br />earthquake, flood, war, strike or other catastrophic event. In all cases, the late delivery discount <br />shall be at least $100 per calendar day after the agreed-upon delivery date. <br />b. Invoices submitted to City for payment must contain a brief description of work <br />performed, percentage of work completed, percentage of contract time used, and percentage of <br />contract amount expended and City contract number listed at the top of page 1 of this contract. <br />Payment shall be made within thirty (30) days of receipt of Consultant's invoice. <br />c. Upon completion of work and acceptance by City, Consultant shall have sixty <br />(60) days in which to submit final invoicing for payment. An extension may be granted by City <br />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, <br />after the work is accepted by the City. <br />8. Chanl!es. City may request, from time to time, changes in the scope of services <br />to be provided by Consultant. Any changes and related fees shall be mutually agreed upon <br />between City and Consultant and shall be the subject of a written amendment to this Agreement. <br />9. Consultant's Status. In the performance of the obligations set forth in this <br />Agreement, Consultant shall have the status of an independent contractor and Consultant shall <br />not be 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, servants, and employees and are not agents, <br />servants, or employees of City. <br />X:',C-.RfPs\7l>4-4JJ c,,<y Pri..."'I""O....". CUOj' Pr""..g:ro"'._ Page 2 <br />
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