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Packet 06212022
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Last modified
6/28/2022 1:22:33 PM
Creation date
6/28/2022 1:22:28 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/21/2022
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PERM
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Reso 2022-106 David Sams NPSA
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2022
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<br />Non-Professional Services Agreement between July 1, 2022 <br />City of San Leandro and David Sams Page 3 of 13 <br />2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services <br />satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days <br />from the receipt of an invoice that complies with all of the requirements above to pay Contractor. <br /> <br />2.3 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this <br />Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by <br />Contractor in rendering services pursuant to this Agreement. City shall make no payment for any <br />extra, further, or additional service pursuant to this Agreement. <br /> <br /> In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of <br />compensation provided above either for a task or for the entire Agreement, unless the Agreement <br />is modified prior to the submission of such an invoice by a properly executed change order or <br />amendment. <br /> <br />2.4 Hourly Fees. Not Applicable. <br /> <br />2.5 Reimbursable Expenses. Reimbursable expenses are not included in this agreement and are not <br />chargeable to City. <br /> <br />2.6 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred <br />under this Agreement and any similar federal or state taxes. <br /> <br />2.7 Payment upon Termination. In the event that the City or Contractor terminates this Agreement <br />pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and <br />reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of <br />termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that <br />date. <br /> <br />2.8 Authorization to Perform Services. The Contractor is not authorized to perform any services or <br />incur any costs whatsoever under the terms of this Agreement until receipt of authorization from <br />the Contract Administrator. <br /> <br />2.9 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the <br />time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set <br />forth in Exhibit A. <br /> <br />Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and <br />expense, provide all facilities and equipment that may be necessary to perform the services required by this <br />Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only <br />under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or <br />equipment not otherwise listed herein. <br /> <br />No City equipment is included. City staff will provide Contractor access to Marina slips. <br /> <br />3.1 Safety Requirements. In accordance with generally accepted construction practices and state <br />law, Contractor shall be solely and completely responsible for conditions on the jobsite, including <br />safety of all persons and property during performance of the work. This requirement shall apply <br />continuously and not be limited to normal working hours. <br /> <br />Contractor shall take all necessary precautions and provide all necessary safeguards to prevent <br />personal injury and property damage. Contractor shall provide protection for all persons including,
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