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RES 89395
City of Pleasanton
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CITY CLERK
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1980-1989
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1989
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RES 89395
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5/15/2012 12:51:06 PM
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11/23/1999 12:02:16 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
9/19/1989
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5. Ownership of Work. All maps, designs, reports, work <br />data, and all other documents completed or partially completed by <br />Consultant in the performance of this Agreement shall become the <br />property of City. Consultant may keep copies for its files. <br />City shall indemnify and hold Consultant harmless for any use of <br />work product for purposes other than those for which it was <br />prepared. <br /> <br /> 6. Term. It is recognized by both parties hereto <br />that time is of the essence. Consultant shall begin work <br />September 6, 1989. The work as described in Exhibit "A", Scope <br />of Work, shall be completed by September 30, 1990, dependent upon <br />adequate favorable weather and reasonable review response time by <br />the City. <br /> <br /> 7. Compensation. For the services to be rendered <br />hereunder, City shall pay Consultant on a time-and-materials <br />basis, not to exceed $97,400, based on time-related charges and <br />other direct expenses per attached Exhibit "B". Partial payment <br />shall be made on a monthly basis, upon receipt of Consultant's <br />invoice and the approval of the Public Works Director. Payment <br />shall be made within thirty (30) days of receipt of Consultant's <br />invoice. <br /> <br /> 8. Changes. City may reqdest, from time to time, changes <br />in the scope of services to be provided by Consultant. Any <br />change and modification to compensation shall be mutually agreed <br />upon between City and Consultant. <br /> <br /> 9. Consultant's Status. In the performance of the <br />obligations set forth in this agreement, Consultant shall have <br />the status of an independent contractor, and Consultant shall not <br />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 <br />agents, servants, and employees and are not agents, servants, or <br />employees of City. <br /> <br /> 10. Termination of Convenience of City. The City may <br />terminate this agreement any time by mailing a notice in writing <br />to Consultant that the Agreement is terminated. Said Agreement <br />shall then be deemed terminated, and no further work shall be <br />performed by Consultant. If the Agreement is so terminated, the <br />Consultant shall be paid for labor effort expended and <br />obligations incurred to the date of termination. <br /> <br /> 11. Non-Assignability. The Consultant shall not assign, <br />sublet, or transfer this Agreement or any interest or obligation <br />therein without the prior written consent of the City, and then <br />only upon such terms and conditions as City may set forth in <br />writing. <br /> <br /> -2- <br /> <br /> <br />
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