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10 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2008
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071508
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10 ATTACHMENTS
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7/9/2008 4:40:10 PM
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7/9/2008 4:40:10 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/15/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
10 ATTACHMENTS
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6. Terms. Time is of the essence. Consultant shall begin immediately. The <br />work as described in Exhibit "A", Scope of Work, shall be completed by July, 2009 <br />dependent upon review time and the Consultant's Schedule. <br />7. Compensation. For the services to be rendered hereunder, City shall pay <br />Consultant on a time-and-materials basis, not to exceed $151,860, based on the schedule <br />per attached Exhibit "A". Partial payment shall be made on a monthly basis in proportion <br />to the percentage of work completed, upon receipt of Consultant's invoice. <br />a. Invoices submitted to City for payment must contain a brief description of <br />work performed, percentage of work completed, percentage of contract <br />time used, percentage of contract amount expended and City reference <br />numbers Account No. and Contract No. Payment shall be made within <br />thirty (30) days of receipt of Consultant's invoice. <br />b. Upon completion of work and acceptance by City, Consultant shall have <br />sixty (60) days in which to submit final invoicing for payment. An <br />extension may be granted by City upon receiving a written request thirty <br />(30) days in advance of said time limitation. The City shall have no <br />obligation or liability to pay any invoice for work performed which the <br />Consultant fails or neglects to submit within sixty days, or any extension <br />thereof granted by the City, after the work is accepted by the City. <br />8. Changes. City may request, from time to time, changes in the scope of <br />services to be provided by Consultant. Any changes and related fees shall be mutually <br />agreed upon between City and Consultant and shall be the subject of a written <br />amendment to this Agreement. <br />9. Consultant's Status. In the performance of the obligations set forth in <br />this Agreement, Consultant shall have the status of an independent contractor and <br />Consultant shall not 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 agents, servants, and <br />employees and are not agents, servants, or employees of City. <br />10. Termination <br />a} Foreā¬ Convenience of City. The City may terminate this Agreement at any time by <br />mailing a notice in writing to Consultant that the Agreement is terminated. Upon the date <br />such notice is received by Consultant, Ssaid Agreement shall then be deemed terminated, <br />and no further work shall be performed by Consultant. If the Agreement is so terminated, <br />the Consultant shall be paid for that percentage of the work actually completed, based on <br />a pro rata portion of the total fixed sum compensation described in Section 7 herein at the <br />time the notice of termination is received. <br />b) l~or Default If the Consultant fails to perform in the manner called for in the <br />A~=recment or if the Consultant f~iils to comply with any other provisions of the <br />
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