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RES 89507
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 89507
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5/8/2012 4:18:13 PM
Creation date
11/23/1999 10:59:25 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
12/12/1989
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Payment for data entry and support services shall be made <br /> within thirty (30) days of receipt of invoice. Such invoices <br /> shall be submitted to City on a monthly basis. <br /> <br /> 6. Chanqes. City may request, from time to time, changes in <br /> the scope of services to be provided by Consultant. Any change <br /> shall be mutually agreed upon between City and Consultant. <br /> <br /> 7. Consultant's Status. In the performance of the <br />obligations set forth in this Agreement, Consultant shall have he <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 /> 8. Termination at 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 that percentage of the work actually <br />completed, based on a pro rata portion of the total fixed sum <br />compensation described in Section 4 herein at the time the notice <br />of termination is received. <br /> <br /> 9. 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, and then <br />only upon such terms and conditions as City may set forth in <br />writing. <br /> <br /> 10. Indemnify and Hold Harmless. Consultant shall defend, <br />indemnify, and hold harmless, the City and its officers and <br />employees from and against: <br /> <br /> a. Any and all claims and demands which may be made <br />against City, its officers, agents, or employees by reason of any <br />injury to or death of any person or damage suffered or sustained <br />by any person or corporation caused by, or alleged to have been <br />caused by, any act, negligent or otherwise, of Consultant under <br />this Agreement or of Consultant's employees or agents; <br /> <br /> b. Any and all damage to or destruction of the property <br />of City, its officers, agents, or employees occupied or used by or <br />in the care, custody, or control of, or in proximity to the site <br />of Consultants' work, caused by any acts, negligent or otherwise, <br />of Consultant under this Agreement or of Consultant's employees or <br />agents; <br /> <br /> -3- <br /> <br /> <br />
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