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SR 06:178
City of Pleasanton
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SR 06:178
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7/13/2006 3:45:11 PM
Creation date
7/13/2006 3:40:37 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/18/2006
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 06:178
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<br />ATTACHMENT A <br /> <br />shall be prorated on a monthly basis billed at $5,000 per month subject to subsection (a) below. <br />Consultant's invoice Total compensation for services and reimbursement for costs shall not <br />exceed $150,000 unless the parties agree pursuant to section 8 of this Agreement. <br /> <br />a. Invoices submitted to City must contain a brief description of work <br />performed, percentage of work completed, percentage of contract time used, percentage of <br />contract amount expended and City reference number . Payment shall be made <br />within thirty (30) days of receipt of Consultant's invoice. <br /> <br />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 <br />City shall have no obligation or liability to pay any invoice for work performed which the <br />Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by <br />the City, after the work is accepted by the City. <br /> <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 />Should Consultant discover any latent or unknown conditions, it shall immediately inform City <br />and proceed only at its own risk until instructed by City. <br /> <br />7. OwnershiD of Work. All reports, work data, plans, drawings, specifications, <br />designs, photographs, images, works of authorship and all other documents completed or <br />partially completed by Consultant in the performance of this Agreement ("materials") shall <br />become the property of City. All materials shall be delivered to the City upon completion or <br />termination of the work under this Agreement. If any materials are lost, damaged or destroyed <br />before final delivery to the City, the Consultant shall replace them at its own expense. Any and <br />all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant <br />agrees 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 <br />connected with these services, unless the City provides prior written consent. <br /> <br />8. Chanl!:es. 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 /> <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 <br />considered to be an employee of the City for any purpose. All persons working for or under the <br />direction of Consultant are its agents and employees and are not agents or employees of City. <br /> <br />10. Labor Code/Prevailinl!: Wal!:es. To the extent applicable, Consultant shall comply <br />with the requirements of the California Labor Code including but not limited to hours of labor, <br />nondiscrimination, payroll records, apprentices, workers' compensation and payment of prevailing <br />wages as determined by Director of the California Department of Industrial Relations. Consultant shall <br /> <br />Page 2 of6 <br /> <br />566\01 \341388.2 <br />
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