Common use of Prompt Payment Ordinance Clause in Contracts

Prompt Payment Ordinance. This Contract is subject to the City’s Prompt Payment Ordinance, Title 2, Chapter 2.06 of the Oakland Municipal Code. The Ordinance requires that, unless specific exemptions apply, the Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of receipt of invoices unless the Contractor or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“Liaison”) in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the Liaison upon the filing of a complaint. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check, or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City’s website, Contractor and its subcontractors, are required to file notice with the City of the release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractor is required to file an affidavit, under penalty of perjury, that Contractor has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and addresses of all subcontractors and the amount paid to each. If any amount due by a prime contractor or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment is not made, provided the claimant agrees to release the prime contractor or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance may not seek further interest penalties on the same late payment in law or equity. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this Agreement. Prompt Payment invoice and claim forms are available at the following City of Oakland website: xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or in the Department of Workplace and Employment Standards, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612. Invoice and claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Prompt Payment Liaison, 000-000-0000, or email xxxxxx@xxxxxxxxx.xxx.

Appears in 2 contracts

Samples: Professional Services, Professional Services

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Prompt Payment Ordinance. This Contract contract is subject to the City’s Prompt Payment OrdinanceOrdinance of Oakland Municipal Code, Title 2, Chapter 2.06 of the Oakland Municipal Code(Ordinance 12857 C.M.S., passed January 15, 2008 and effective February 1, 2008). The Ordinance requires that, unless specific exemptions apply, the Contractor Counsel and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of receipt submission of invoices unless the Contractor Counsel or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“Liaison”) in writing within five (5) business days that there is a bona fide dispute between the Contractor Counsel or its subcontractor and claimant, in which case the Contractor Counsel or its subcontractor may withhold the disputed amount but shall not pay the undisputed amount. Disputed late payments are subject to investigation by the Liaison City of Oakland Liaison, Department of Contracting and Purchasing upon the filing of a complaint. Contractor or Counsel of its subcontractors opposing payment shall provide security in the form of cash, certified check, check or bond to cover the disputed amount and penalty during the investigation. If Contractor Counsel or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the Counsel’s next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds withhold directly to claimants for valid claims. Contractor Counsel and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor Counsel and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City’s website, Contractor Counsel and its subcontractors, are required to file notice with the City of the release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractor and Counsel is required to file an affidavit, under penalty of perjury, that Contractor he or she has paid all subcontractors, within five (5) business days following a receipt of payment from the City. The affidavit shall provide the names and addresses address of all subcontractors and the amount paid to each. If any amount due by a prime contractor Counsel or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor Counsel or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment is not made, provided the claimant agrees to release the prime contractor Counsel or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance ordinance may not seek further interest penalties on the same late payment in law or equity. Contractor Counsel and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this City of Oakland Agreement. Prompt Payment invoice and claim forms are available at the following City of Oakland Oakland’s website: xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or in xxxx://xxxx.xxxxxxxxxx.xxx/cceshome by clicking on the Department of Workplace and Employment Standards, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612rightmost upper tab labeled Prompt Payment Ordinance. Invoice and claim inquiries claims inquires should be directed to Xxxxxx Xxxxx, City of Oakland Prompt Payment Liaison, 000510-000238-6261, the Department of Contract and Purchasing, 250 Xxxxx X. Xxxxx Xxxxx, Xxxxx 0000, or email xxxxxx@xxxxxxxxx.xxxXxxxxxx, Xxxxxxxxxx, 00000.

Appears in 1 contract

Samples: Professional Services

Prompt Payment Ordinance. This Contract contract is subject to the City’s Prompt Payment OrdinanceOrdinance of Oakland Municipal Code, Title 2, Chapter 2.06 of the Oakland Municipal Code(Ordinance 12857 C.M.S, passed January 15, 2008 and effective February 1, 2008). The Ordinance requires that, unless specific exemptions apply, the Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of receipt submission of invoices unless the Contractor or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“Liaison”) in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed late payments are subject to investigation by the Liaison City of Oakland Liaison, Division of Contracts and Compliance upon the filing of a complaint. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check, check or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors itssubcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on postingon the City’s 's website, Contractor and its subcontractors, are required to file notice with the City theCity of the release of retention and payment of mobilization fees, within five (5) business days of daysof such payment or release; and, Contractor is required to file an affidavit, under penalty of perjury, that Contractor he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and addresses address of all subcontractors and the amount paid to each. If any amount due by a prime contractor or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment is not made, provided the claimant agrees to release the prime contractor or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance ordinance may not seek further interest penalties interestpenalties on the same late payment in law or equity. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this AgreementCity of Oakland purchase contract. Prompt Payment invoice and claim forms are available at the following City of Oakland website: xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms xxxxx://xxx.xxxxxxxxx.xxx/documents/contracts-and-compliance-forms-and- schedules or in the Department of Workplace at Contracts and Employment StandardsCompliance, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612. Invoice and claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Prompt Payment Liaison, 000-000-0000, 0000 or email xxxxxx@xxxxxxxxx.xxx.

Appears in 1 contract

Samples: Professional Services Agreement

Prompt Payment Ordinance. This Contract is subject to the City’s Prompt Payment Ordinance, Title 2, Chapter 2.06 of the Oakland Municipal Code. The Ordinance requires that, unless specific exemptions apply, the Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of receipt submission of invoices unless the Contractor or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“Liaison”) in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the Liaison upon the filing of a complaint. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check, check or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City’s 's website, Contractor and its subcontractors, are required to file notice with the City of the release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractor is required to file an affidavit, under penalty of perjury, that Contractor has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and addresses address of all subcontractors and the amount paid to each. If any amount due by a prime contractor or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment is not made, provided the claimant agrees to release the prime contractor or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance may not seek further interest penalties on the same late payment in law or equity. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this Agreement. Prompt Payment invoice and claim forms are available at the following City of Oakland website: xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or in the Department of Workplace and Employment Standards, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612. Invoice and claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Prompt Payment Liaison, 000510-000238-0000, 6261 or email xxxxxx@xxxxxxxxx.xxx.

Appears in 1 contract

Samples: Professional Services

Prompt Payment Ordinance. This Contract contract is subject to the City’s Prompt Payment OrdinanceOrdinance of Oakland Municipal Code, Title 2, Chapter 2.06 of the Oakland Municipal Code(Ordinance 12857 C.M.S, passed January 15, 2008 and effective February 1, 2008). The Ordinance requires that, unless specific exemptions apply, the Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of receipt submission of invoices unless the Contractor or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“Liaison”) in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed late payments are subject to investigation by the Liaison City of Oakland Liaison, Office of Contract Compliance, upon the filing of a complaint. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check, check or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City’s 's website, Contractor and its subcontractors, are required to file notice with the City of the release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractor is required to file an affidavit, under penalty of perjury, that Contractor he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and addresses address of all subcontractors and the amount paid to each. If any amount due by a prime contractor or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment is not made, provided the claimant agrees to release the prime contractor or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance ordinance may not seek further interest penalties on the same late payment in law or equity. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this AgreementCity of Oakland purchase contract. Prompt Payment invoice and claim forms are available at the following City of Oakland website: xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or in xxxx://xxxx.xxxxxxxxxx.xxx/cceshome/ by clicking on the Department of Workplace and Employment Standards, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612rightmost upper tab labeled Prompt Payment Ordinance. Invoice and claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Prompt Payment Liaison, 000510-000238-6261, Office of Contract Compliance, 250 Xxxxx X. Xxxxx Xxxxx, Xxxxx 0000, or email xxxxxx@xxxxxxxxx.xxxXxxxxxx, XX 00000.

Appears in 1 contract

Samples: Professional Services

Prompt Payment Ordinance. This Contract contract is subject to the City’s Prompt Payment OrdinanceOrdinance of Oakland Municipal Code, Title 2, Chapter 2.06 of the Oakland Municipal Code(Ordinance 12857 C.M.S, passed January 15, 2008 and effective February 1, 2008). The Ordinance requires that, unless specific exemptions apply, the Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of receipt submission of invoices unless the Contractor or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“Liaison”) in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed late payments are subject to investigation by the Liaison City of Oakland Liaison, Office of the City Administrator, Contracts and Compliance Unit, upon the filing of a complaint. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check, check or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City’s 's website, Contractor and its subcontractors, are required to file notice with the City of the release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractor is required to file an affidavit, under penalty of perjury, that Contractor he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and addresses address of all subcontractors and the amount paid to each. If any amount due by a prime contractor or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment is not made, provided the claimant agrees to release the prime contractor or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance ordinance may not seek further interest penalties on the same late payment in law or equity. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this AgreementCity of Oakland purchase contract. Prompt Payment invoice and claim complaint forms are available at the following City of Oakland website: xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or in xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to Prompt Payment heading and click on the Department appropriate links. Invoice and complaint inquiries should be directed to Xxxxxx Xxxxx, City of Workplace Oakland Liaison, 000- 000-0000, Office of the City Administrator, Contracts and Employment StandardsCompliance Unit, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612. Invoice and claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Prompt Payment Liaison, 000-000-0000, or email xxxxxx@xxxxxxxxx.xxx.

Appears in 1 contract

Samples: Architectural and Engineering Service Agreement

Prompt Payment Ordinance. This Contract contract is subject to the City’s Prompt Payment OrdinanceOrdinance of Oakland Municipal Code, Title 2, Chapter 2.06 of the Oakland Municipal Code(Ordinance 12857 C.M.S, passed January 15, 2008 and effective February 1, 2008). The Ordinance requires that, unless specific exemptions apply, the Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of receipt submission of invoices unless the Contractor or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“Liaison”) in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed late payments are subject to investigation by the Liaison City of Oakland Liaison, Division of Contracts and Compliance upon the filing of a complaint. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check, check or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City’s 's website, Contractor and its subcontractors, are required to file notice with the City of the release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractor is required to file an affidavit, under penalty of perjury, that Contractor he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and addresses address of all subcontractors and the amount paid to each. If any amount due by a prime contractor or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment is not made, provided the claimant agrees to release the prime contractor or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance ordinance may not seek further interest penalties on the same late payment in law or equity. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this AgreementCity of Oakland purchase contract. Prompt Payment invoice and claim forms are available at the following City of Oakland website: xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or in the Department of Workplace at Contracts and Employment StandardsCompliance, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612. Invoice and claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Prompt Payment Liaison, 000510-000238-0000, 6261 or email xxxxxx@xxxxxxxxx.xxx.

Appears in 1 contract

Samples: Professional Services

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Prompt Payment Ordinance. This Contract contract is subject to the City’s Prompt Payment OrdinanceOrdinance of Oakland Municipal Code, Title 2, Chapter 2.06 of the Oakland Municipal Code(Ordinance 12857 C.M.S, passed January 15, 2008 and effective February 1, 2008). The Ordinance requires that, unless specific exemptions apply, the Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of receipt submission of invoices unless the Contractor or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“Liaison”) in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed late payments are subject to investigation by the Liaison City of Oakland Liaison, Department of Contracting and Purchasing upon the filing of a complaint. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check, check or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City’s 's website, Contractor and its subcontractors, are required to file notice with the City of the release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractor is required to file an affidavit, under penalty of perjury, that Contractor he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and addresses address of all subcontractors and the amount paid to each. If any amount due by a prime contractor or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment is not made, provided the claimant agrees to release the prime contractor or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance ordinance may not seek further interest penalties on the same late payment in law or equity. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this AgreementCity of Oakland purchase contract. Prompt Payment invoice and claim forms are available at the following City of Oakland website: xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or in xxxx://xxxx.xxxxxxxxxx.xxx/cceshome/ by clicking on the Department of Workplace and Employment Standards, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612rightmost upper tab labeled Prompt Payment Ordinance. Invoice and claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Prompt Payment Liaison, 000510-000238-00006261, or email xxxxxx@xxxxxxxxx.xxxthe Department of Contracing and Purchasing, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612.

Appears in 1 contract

Samples: Professional Services

Prompt Payment Ordinance. This Contract is subject to Contractor shall comply with the City’s Prompt Payment Ordinance, Title 2, Chapter 2.06 of the Oakland Municipal Code. The Ordinance requires that, unless specific exemptions apply, the Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of receipt of invoices unless the Contractor or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“Liaison”) in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the Liaison upon the filing of a complaint. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check, or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City’s website, Contractor and its subcontractors, are required to file notice with the City of the release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractor is required to file an affidavit, under penalty of perjury, that Contractor has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and addresses of all subcontractors and the amount paid to each. If any amount due by a prime contractor or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment is not made, provided the claimant agrees to release the prime contractor or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance may not seek further interest penalties on the same late payment in law or equity. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this Agreement. Prompt Payment invoice and claim forms are available at the following City of Oakland website: xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or in the Department of Workplace and Employment Standards, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612. Invoice and claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Prompt Payment Liaison, 000-000-0000, or email xxxxxx@xxxxxxxxx.xxx.

Appears in 1 contract

Samples: Professional Services

Prompt Payment Ordinance. This Contract contract is subject to the City’s Prompt Payment OrdinanceOrdinance of Oakland Municipal Code, Title 2, Chapter 2.06 of the Oakland Municipal Code(Ordinance 12857 C.M.S, passed January 15, 2008 and effective February 1, 2008). The Ordinance requires that, unless specific exemptions apply, the Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of receipt submission of invoices unless the Contractor or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“Liaison”) in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed late payments are subject to investigation by the Liaison City of Oakland Liaison, Division of Contracts and Compliance upon the filing of a complaint. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check, check or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City’s 's website, Contractor and its subcontractors, are required to file notice with the City of the release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractor is required to file an affidavit, under penalty of perjury, that Contractor he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and addresses address of all subcontractors and the amount paid to each. If any amount due by a prime contractor or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment is not made, provided the claimant agrees to release the prime contractor or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance ordinance may not seek further interest penalties on the same late payment in law or equity. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this AgreementCity of Oakland purchase contract. Prompt Payment invoice and claim forms are available at the following City of Oakland website: xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CityAdministration/d/CP/s/FormsSchedules/ind ex.htm or in the Department of Workplace at Contracts and Employment StandardsCompliance, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612. Invoice and claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Prompt Payment Liaison, 000510-000238-0000, 6261 or email xxxxxx@xxxxxxxxx.xxxxxxxxx@xxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Professional Services

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