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Agmt 2016 Pacheco Brothers Gardening Inc
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Agmt 2016 Pacheco Brothers Gardening Inc
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3/1/2016 5:06:03 PM
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3/1/2016 5:06:00 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/1/2016
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PERM
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Reso 2016-024
(Approved by)
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\City Clerk\City Council\Resolutions\2016
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8.1 Termination. City may cancel this Agreement at any time and without cause upon written <br /> notification to Contractor. <br /> Contractor may cancel this Agreement upon sixty days'written notice to City and shall <br /> include in such notice the reasons for cancellation. <br /> In the event of termination, Contractor shall be entitled to compensation for services <br /> performed to the effective date of termination; City, however, may condition payment of <br /> such compensation upon Contractor delivering to City any or all documents, photographs, <br /> computer software, video and audio tapes, and other materials provided to Contractor or <br /> prepared by or for Contractor or the City in connection with this Agreement. <br /> 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this <br /> Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a <br /> written amendment to this Agreement, as provided for herein. Contractor understands and <br /> agrees that, if City grants such an extension, City shall have no obligation to provide <br /> Contractor with compensation beyond the maximum amount provided for in this <br /> Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no <br /> obligation to reimburse Contractor for any otherwise reimbursable expenses incurred <br /> during the extension period. Per RFP 55025, dated August 31, 2015,the contract may be <br /> extended by the City in the form of four one-year renewal options. The contractor may <br /> request, in writing,that the contract amount be adjusted by annual CPI each renewal year. <br /> 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the <br /> Parties. <br /> 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this <br /> Agreement contemplates personal performance by Contractor and is based upon a <br /> determination of Contractor's unique personal competence, experience, and specialized <br /> personal knowledge. Moreover, a substantial inducement to City for entering into this <br /> Agreement was and is the professional reputation and competence of Contractor. <br /> Contractor may not assign this Agreement or any interest therein without the prior written <br /> approval of the Contract Administrator. Contractor shall not subcontract any portion of the <br /> performance contemplated and provided for herein, other than to the subcontractors noted <br /> in the proposal,without prior written approval of the Contract Administrator. <br /> 8.5 Survival. All obligations arising prior to the termination of this Agreement and all <br /> provisions of this Agreement allocating liability between City and Contractor shall survive <br /> the termination of this Agreement. <br /> 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms <br /> of this Agreement, City's remedies shall include, but not be limited to,the following: <br /> 8.6.1 Immediately terminate the Agreement; <br /> Non-Professional Services Agreement between City of San Leandro and Pacheco Brothers Gardening, Inc. <br /> for Citywide Landscape Maintenance Services. <br /> Page 11 of 15 <br />
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