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as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless <br />currently registered and qualified to perform public work pursuant to California Labor Code <br />Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a <br />bid that is authorized by Section 7029.1 of the Business and Professions Code or by <br />Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is <br />registered to perform public work pursuant to Section 1725.5 at the time the contract is <br />awarded. No contractor or subcontractor may be awarded a contract for public work on a <br />public works project unless registered with the Department of Industrial Relations pursuant <br />to California Labor Code Section 1725.5. Contractor agrees, in accordance with Section <br />1771.4 of the California Labor Code, that if the work under this Agreement qualifies as <br />public work, it is subject to compliance monitoring and enforcement by the Department of <br />Industrial Relations. <br />Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $13,755 <br />per month or $55,020 total for fiscal year 2016; and $14,113 per month or $169,356 total for fiscal year <br />2017 notwithstanding any contrary indications that may be contained in Contractor's proposal, for services <br />to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between <br />this Agreement and Contractor's proposal, attached as Exhibit B, regarding the amount of compensation, <br />the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at <br />the time and in the manner set forth herein. The payments specified below shall be the only payments from <br />City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to <br />City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not <br />bill City for duplicate services performed by more than one person. <br />Contractor and City acknowledge and agree that compensation paid by City to Contractor under this <br />Agreement is based upon Contractor's estimated costs of providing the services required hereunder, <br />including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties <br />further agree that compensation hereunder is intended to include the costs of contributions to any pensions <br />and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City <br />therefore has no responsibility for such contributions beyond compensation required under this Agreement. <br />2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the <br />term of this Agreement, based on the cost for services performed and reimbursable costs <br />incurred prior to the invoice date. Invoices shall contain the following information: <br />■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; <br />■ The beginning and ending dates of the billing period; <br />■ A Task Summary containing the original contract amount, the amount of prior billings, <br />the total due this period, the balance available under the Agreement, and the <br />percentage of completion; <br />■ At City's option, for each work item in each task, a copy of the applicable time entries <br />or time sheets shall be submitted showing the name of the person doing the work, the <br />Non -Professional Services Agreement between City of San Leandro and Pacheco Brothers Gardening, Inc. <br />for Citywide Median Maintenance Services. <br />Page 2 of 15 <br />