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RES 89312
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 89312
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5/14/2012 11:53:48 AM
Creation date
11/24/1999 12:43:34 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/18/1989
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4.Sufficiency of Consultant's Work. Consultant agrees that <br />all work performed for City shall be adequate and sufficient to <br />meet the purposes for which they are performed. <br /> <br /> 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. <br /> <br /> 6. Term. It is recognized by both parties hereto that <br />time is of the essence. Consultant shall begin work <br />upon notification by City. City shall notify Consultant a <br />minimum of 48 hours prior to actual need. The work as described <br />in Exhibit "A", Scope of Work, shall be completed as <br />dictated in project specifications. <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 Six Thousand Dollars ($6,000.00), based on <br />rate schedule per attached Exhibit "B". Partial payment shall be <br />made on a monthly basis in proportion to the percentage of ~ork <br />completed, upon receipt of Consultant's invoice and the approval <br />of the Public Works Director as to the percentage completion <br />claimed. Payment shall be made within thirty (30) days of <br />receipt of Consultant's invoice. <br /> <br /> 8. Changes. City may request, from time to time, changes <br />in the scope of services to be provided by Consultant. Any <br />change 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 <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 that percentage of the work actually <br /> completed, based on a pro rata portion of the total fixed sum <br /> compensation described in Section 7 herein at the time the notice <br /> 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, and then <br />only upon such terms and conditions as City may set forth in <br />writing. <br /> <br /> <br />
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