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RES 89431
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 89431
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5/15/2012 4:29:30 PM
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11/23/1999 12:21:36 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/1989
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5. Ownership of Work. All maps, reports, work data, and <br />all other documents completed or partially completed by Consultant <br />in the performance of this Agreement shall become the property of <br />City. Copies of these documents shall be furnished to the City <br />upon request and at expense of City.. <br /> <br /> 6. Term. It is recognized by both parties hereto that time <br />is of the essence. Consultant shall begin work on the date first <br />above written. The work as described in Exhibit "A", Scope of <br />Work, shall be completed by June 30, 1990, dependent upon City <br />review time. <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 Seventy-Five Thousand Five Hundred Dollars <br />($75,500.00), based on rate schedule per attached Exhibit "B" and <br />the Hourly Rate Schedule, Exhibit "C". Partial payment shall be <br />made on a monthly basis, upon receipt of Consultant's invoice and <br />the approval of the Public Works Director as to the percentage <br />completion claimed. Payment shall be made within thirty (30) <br />days of receipt of Consultant's invoice. Consultant shall invoice <br />work completed within sixty (60) days of the work. If work is not <br />invoiced within said sixty day period, City may choose to disallow <br />the invoice and not pay for work and materials. <br /> <br /> 8. Chanqes. City may request, from time to time, changes <br />in the scope of services to be provided by Consultant. Any change <br />shall be mutually agreed 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 the <br />status of an independent contractor and Consultant shall not be <br />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 the work actually completed at the <br />time the notice of termination is received. <br /> <br /> 11. Non-Assiqnability. 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. <br /> <br /> - 2 - <br /> <br /> <br />
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