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RES 86113
City of Pleasanton
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RES 86113
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7/9/2012 2:51:48 PM
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12/14/1999 12:21:57 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
3/18/1986
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4. Suffici~_ncy of Consultant's Work. Consultant agrees <br /> that all maps, plans and specificationslprepared for City shall <br /> be adequate and s~fficient to meet the purposes for which they <br /> are performed. <br /> <br /> 5. Ownership of Work Upon Completion of Work. Upon <br /> completion of the work, Consultant will furnish City with a set <br /> of permanent reproducible drawings. This set will become <br /> property of the City. The City warrants that it will not utilize <br /> any of the designs, details or information contained therein <br /> other than for the purpose such information was intended. <br /> <br /> 6. Term. It is recognized by both parties hereto that <br /> time is of the essence. Consultant shall begin work March 19, <br /> 1986. The work as described in Exhibit "A", Scope of Work, Tasks <br /> 1, 2, 3, and 4, shall be completed by July 15, 1986, dependent <br /> upon weather permitting and City review time. The remaining <br /> tasks shall be performed as needed. <br /> <br /> 7. Compensation. For the- services to be rendered <br /> hereunder, City shall pay Consultant on a time-and-materials <br /> basis, based on attached Exhibit "B", Compensation, and Rate <br /> Schedule per attached Exhibit "C". Partial payment shall be made <br /> on a monthly basis for time and materials expended in that <br /> period, upon receipt of Consultant's invoice and the approval of <br /> the Public Works Director. Payment shall be made within thirty <br /> (30) days of 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 />changeshall 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 /> - 2 - <br /> <br /> <br />
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