manner in which the work under this Agreement is performed. Prior to execution of thisagreement, Contractor shall complete Schedule M, Independent ContractorQuestionnaire, attached hereto.c. Payment of Income TaxesContractor is responsible for paying, when due, all income taxes, including estimatedtaxes, incurred as a result of the compensation paid by the City to Contractor for servicesunder this Agreement. On request, Contractor will provide the City with proof of timelypayment. Contractor agrees to indemnify the City for any claims, costs, losses, fees,penalties, interest or damages suffered by the City resulting from Contractor’s failure tocomply with this provision.d. Non-Exclusive RelationshipContractor may perform services for, and contract with, as many additional clients,persons or companies as Contractor, in his or her sole discretion, sees fit.e. Tools, Materials and EquipmentContractor will supply all tools, materials and equipment required to perform theservices under this Agreement.f. Cooperation of the CityThe City agrees to comply with all reasonable requests of Contractor necessary to theperformance of Contractor’s duties under this Agreement.g. Extra WorkContractor will do no extra work under this Agreement without first receiving priorwritten authorization from the City.6. Proprietary of Confidential Information of the CityContractor understands and agrees that, in the performance of the work or services under thisAgreement or in contemplation thereof, Contractor may have access to private or confidentialinformation which may be owned or controlled by the City and that such information maycontain proprietary or confidential details, the disclosure of which to third parties may bedamaging to the City. Contractor agrees that all information disclosed by the City toContractor shall be held in confidence and used only in performance of the Agreement.Contractor shall exercise the same standard of care to protect such information as areasonably prudent contractor would use to protect its own proprietary data.<strong>Project</strong> Name Page 3 of 24 Rev. 05/31/ 2012
7. Ownership of ResultsAny interest of Contractor or its Subcontractors, in specifications, studies, reports,memoranda, computation documents prepared by Contractor or its Subcontractors indrawings, plans, sheets or other connection with services to be performed under thisAgreement shall be assigned and transmitted to the City. However, Contractor may retainand use copies for reference and as documentation of its experience and capabilities.8. Copyright9. AuditContractor shall execute appropriate documents to assign to the City the copyright to workscreated pursuant to this Agreement.Contractor shall maintain (a) a full set of accounting records in accordance with generallyaccepted accounting principles and procedures for all funds received under this Agreement; and(b) full and complete documentation of performance related matters such as benchmarks anddeliverables associated with this Agreement.Contractor shall (a) permit the City to have access to those records for the purpose of making anaudit, examination or review of financial and performance data pertaining to this Agreement;and (b) maintain such records for a period of four years following the last fiscal year duringwhich the City paid an invoice to Contractor under this Agreement.In addition to the above, Contractor agrees to comply with all audit, inspection, recordkeepingand fiscal reporting requirements incorporated by reference.10. Agents/BrokersContractor warrants that Contractor has not employed or retained any subcontractor, agent,company or person other than bona fide, full-time employees of Contractor working solely forContractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to payany subcontractor, agent, company or persons other than bona fide employees any fee,commission, percentage, gifts or any other consideration, contingent upon or resulting from theaward of this Agreement. For breach or violation of this warranty, the City shall have the rightto rescind this Agreement without liability or, in its discretion, to deduct from the Agreementprice or consideration, or otherwise recover, the full amount of such fee, commission,percentage or gift.11. AssignmentContractor shall not assign or otherwise transfer any rights, duties, obligations or interest in thisAgreement or arising hereunder to any person, persons, entity or entities whatsoever without the<strong>Project</strong> Name Page 4 of 24 Rev. 05/31/ 2012
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City of OaklandDeanna Santana, City
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I. REQUEST FOR PROPOSALS SUMMARYPro
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6. Capture of Savings. Document sav
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c. The PG&E Street Lights Data Base
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1.11 IESNA LM-79-08 - IESNA Approve
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3.4.8 Hinged access doors, capable
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2. There will be a monthly evaluati
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i. Project name and location.ii. Br
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a. Requirement - For this contract,
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workforce on Non-Construction Contr
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accordance with the Consultant Perf
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ecome the long term debt to be repa
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under the Public Records Act or Sun
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Print FormSCHEDULE EPROJECT CONSULT
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SCHEDULE OCONTRACTOR ACKNOWLEDGEMEN
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APPENDIX BCITY OF OAKLANDPUBLIC WOR
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APPENDIX Bset forth under the "Tota
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APPENDIX Bconstruction, the Enginee
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