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8D Consent 2019 1104
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8D Consent 2019 1104
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10/29/2019 11:08:50 PM
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10/29/2019 11:08:14 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
11/4/2019
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PERM
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Reso 2019-182
(Amended by)
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\City Clerk\City Council\Resolutions\2019
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Attachment A <br />Attachment C: Non-Professional Services Agreement Page 10 of 36 <br />public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, <br />unless currently registered and qualified to perform public work pursuant to California <br />Labor Code section 1725.5. It is not a violation of this section for an unregistered <br />contractor to submit a bid that is authorized by Section 7029.1 of the Business and <br />Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided <br />the contractor is registered to perform public work pursuant to Section 1725.5 at the <br />time the contract is awarded. No contractor or subcontractor may be awarded a <br />contract for public work on a public works project unless registered with the <br />Department of Industrial Relations pursuant to California Labor Code section 1725.5. <br />Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, that <br />if the work under this Agreement qualifies as public work, it is subject to compliance <br />monitoring and enforcement by the Department of Industrial Relations. <br /> <br />Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed <br />________________, notwithstanding any contrary indications that may be contained in Contractor’s <br />proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the <br />event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit B, regarding <br />the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services <br />rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments <br />specified below shall be the only payments from City to Contractor for services rendered pursuant to <br />this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as <br />specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by <br />more than one person. <br /> <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 <br />Parties further agree that compensation hereunder is intended to include the costs of contributions to <br />any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may <br />be eligible. City therefore has no responsibility for such contributions beyond compensation required <br />under this Agreement. <br /> <br /> <br />2.1 Invoices. Contractor shall submit invoices, not more often than once a month during <br />the term of this Agreement, based on the cost for services performed and reimbursable <br />costs incurred prior to the invoice date. Invoices shall contain the following <br />information: <br /> <br />▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, <br />etc.; <br /> <br />▪ The beginning and ending dates of the billing period; <br /> <br />▪ A Task Summary containing the original contract amount, the amount of prior <br />billings, the total due this period, the balance available under the Agreement, and <br />the percentage of completion; <br /> <br />132
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