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06
City of Pleasanton
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2008
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06
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9/30/2008 2:43:30 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
10/7/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
06
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<br />receipt of Consultant's invoice and the approval of Ms. Jacquelyn Diaz, Assistant to the City <br />Manager. <br />a. Invoices submitted to City must contain a brief description of work performed, <br />percentage of work completed, percentage of contract time used, and percentage of contract <br />amount expended. Payment shall be made within thirty (30) days of receipt of Consultant's <br />invoice. <br />b. Upon completion of work and acceptance by City, Consultant shall have sixty <br />(60) days in which to submit final invoicing for payment. An extension may be granted by City <br />upon receiving a written request thirty (30) days in advance of said time limitation. The City <br />shall have no obligation or liability to pay any invoice for work performed which the Consultant <br />fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, <br />after the work is accepted by the City. <br />8. Chanties. City may request changes in the scope of services to be provided by <br />Consultant. Any changes and related fees shall be mutually agreed upon between the parties and <br />subject to a written amendment to this Agreement. <br />9. Consultant's Status. In the performance of the obligations set forth in this <br />Agreement, Consultant shall have the status of an independent contractor and Consultant shall <br />not be considered to be an employee of the City for any purpose. All persons working for or <br />under the direction of Consultant aze its agents, servants, and employees and aze not agents, <br />servants, or employees of City. <br />10. Termination of Convenience of City. The City may terminate this Agreement at <br />any time by mailing a notice in writing to Consultant. Said Agreement shall then be deemed <br />terminated, and no further work shall be performed by Consultant. If the Agreement is so <br />terminated, the Consultant shall be paid for that percentage of the work actually completed at the <br />time the notice of termination is received. <br />11. Non-Assienability. The Consultant shall not assign, sublet, or transfer this <br />Agreement or any interest or obligation therein without the prior written consent of the City, and <br />then only upon such terms and conditions as City may set forth in writing. <br />12. Indemnify and Hold Harmless. Consultant shall defend, indemnify, and hold <br />harmless, the City and its officers and employees from and against all claims, losses, damage, <br />injury, and liability for damages arising from errors, omissions, negligent or wrongful acts of the <br />Consultant in the performance of its services under this Agreement, regazdless of whether the <br />City has reviewed and/or approved the work or services which has given rise to the claim, loss, <br />damage, injury or liability for damages. This indemnification shall extend for a reasonable <br />period of time after completion of the project as well as during the period of actual performance <br />of services under this Agreement. The City's acceptance of the insurance certificates required <br />under this Agreement does not relieve the Consultant from its obligation under this paragraph. <br />6.26.01 <br />
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