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10D Action 2013 1118
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10D Action 2013 1118
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Last modified
12/13/2013 9:25:53 AM
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11/13/2013 4:52:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/18/2013
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_CC Agenda 2013 1118 RG
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 1118
Reso 2013-149
(Reference)
Path:
\City Clerk\City Council\Resolutions\2013
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<br /> <br /> - 8 - <br />City shall not be responsible for delays in payments due to delays in transmittal by the <br />County. <br /> <br />5.5 City Review of Financial Summary. The City reserves the right at any time to request a <br />current financial summary of all District Revenues committed and/or spent during the <br />previous quarter(s) from SLIA. SLIA shall submit such financial summary to the City <br />within thirty (30) business days of the City’s request. The City reserves the right to <br />review the summary and to refuse to disburse any further installments if it is not satisfied <br />with the statement or with regard to the propriety of SLIA’s commitment or expenditure <br />during the previous quarter(s). <br /> <br />6 Costs and Expenses. The Parties acknowledge that the County of Alameda will deduct from the <br />funds collected on behalf of the District the County’s administrative costs for the collection and <br />distribution of Assessments to the City (the “County Administrative Costs”). <br /> <br />7 Ownership of Documents. The designs, plans, reports, files, invoices, investigation materials, <br />documents prepared or acquired by or for SLIA pursuant to this Agreement become the joint <br />property of the City and SLIA. SLIA agrees to exercise due diligence in providing for the secure <br />storage of all such materials and to provide copies for official City records upon the request of City. <br /> <br />8 Independent Contractor. It is expressly agreed that in the performance of this Agreement, SLIA is <br />an independent contractor and is not an employee of City. SLIA retains the right to control and <br />supervise its activities, and employment, direction, compensation and discharge of all persons <br />assisting SLIA in the performance of this Agreement. SLIA shall be solely responsible for all <br />matters relating to the payment of its employees, including compliance with social security, <br />withholding and all other regulations governing such matters, and shall be solely responsible for <br />SLIA's own acts and those of SLIA’s subordinates and employees. <br /> <br />9 SLIA Not Agent of City. Neither SLIA nor any of its employees, agents, representatives or <br />subcontractors are or shall be deemed to be agents of the City or public officials for any purpose, <br />including fulfillment of SLIA’s obligations pursuant to this Agreement. <br /> <br />10 SLIA’s Qualifications. SLIA represents that it has the qualifications and skills necessary to <br />perform the Disbursement Duties under this Agreement in a competent and professional manner <br />without the advice or direction of City. Failure to perform all of the Disbursement Duties <br />constitutes a material breach of this Agreement, and is cause for termination. <br /> <br />11. Non-Exclusive Relationship. SLIA may perform services for, and contract with other clients, <br />persons or companies in its sole discretion so long as such services and contracts do not breach <br />this Agreement. <br /> <br />Compliance with (San Leandro Municipal Code Chapter, Ordinance Title 2, Chapter 2-20 of the San <br />Leandro Municipal Code <br /> <br />12. SLIA shall comply with all requirements of the City of San Leandro Community Benefit <br /> District Ordinance Title 2, Chapter 2-20 of the San Leandro Municipal Code, and <br />
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