Common use of Prompt Payment Ordinance Clause in Contracts

Prompt Payment Ordinance. This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06 (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 submission of invoices unless the Contractor or its subcontractors notify the 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 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 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 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 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 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 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 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 City of Oakland purchase contract. Prompt Payment invoice and complaint forms are available at the following City of Oakland website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to Prompt Payment heading and click on the appropriate links. Invoice and complaint inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000-0000, Office of the City Administrator, Contracts and Compliance Unit, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612.

Appears in 1 contract

Samples: Architectual and Engineering Service Agreement

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Prompt Payment Ordinance. This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06 (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 submission of invoices unless the Contractor or its subcontractors notify the 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 City of Oakland Liaison, Office Division 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 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 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 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 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 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 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 City of Oakland purchase contract. Prompt Payment invoice and complaint claim forms are available at the following City of Oakland website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to Prompt Payment heading and click on the appropriate links. Invoice and complaint inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000-0000, Office of the City Administrator, xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or at Contracts and Compliance UnitCompliance, 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, 510-238-6261 or email xxxxxx@xxxxxxxxx.xxx.

Appears in 1 contract

Samples: Specialized Service Agreement

Prompt Payment Ordinance. This contract Contract is subject to the City’s Prompt Payment Ordinance of Oakland Municipal CodeOrdinance, Title 2, Chapter 2.06 (Ordinance 12857 C.M.S, passed January 15, 2008 and effective February 1, 2008)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 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 City of Oakland Liaison, Office of the City Administrator, Contracts and Compliance Unit, 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 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 he or she Contractor has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and 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 City of Oakland purchase contractAgreement. Prompt Payment invoice and complaint claim forms are available at the following City of Oakland website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to Prompt Payment heading xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or in the Department of Workplace and click on the appropriate links. Invoice and complaint inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000-0000, Office of the City Administrator, Contracts and Compliance UnitEmployment 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, 510-238-6261 or email xxxxxx@xxxxxxxxx.xxx.

Appears in 1 contract

Samples: Professional Service Agreement

Prompt Payment Ordinance. This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06 (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 submission of invoices unless the Contractor or its subcontractors notify the 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 City of Oakland Liaison, Office Division 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 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 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 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 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 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 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 City of Oakland purchase contract. Prompt Payment invoice and complaint claim forms are available at the following City of Oakland website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to Prompt Payment heading and click on the appropriate links. Invoice and complaint inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000-0000, Office of the City Administrator, xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CityAdministration/d/CP/s/FormsSchedules/ind ex.htm or at Contracts and Compliance UnitCompliance, 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, 510-238-6261 or email xxxxxx@xxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Specialized Service Agreement

Prompt Payment Ordinance. This contract is subject to Contractor shall comply with the City’s Prompt Payment Ordinance of Oakland Municipal CodeOrdinance, Title 2, Chapter 2.06 (Ordinance 12857 C.M.S, passed January 15, 2008 and effective February 1, 2008)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 submission 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 late payments are subject to investigation by the City of Oakland Liaison, Office of the City Administrator, Contracts and Compliance Unit, 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, 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 he or she Contractor has paid all subcontractors, within five (5) business days following receipt of payment from the City. The affidavit shall provide the names and address 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 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 City of Oakland purchase contractAgreement. Prompt Payment invoice and complaint claim forms are available at the following City of Oakland website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to Prompt Payment heading xxxxx://xxx.xxxxxxxxx.xxx/resources/prompt-payment-forms or in the Department of Workplace and click on the appropriate links. Invoice and complaint inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000-0000, Office of the City Administrator, Contracts and Compliance UnitEmployment 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 Service Agreement

Prompt Payment Ordinance. This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06 (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 submission of invoices unless the Contractor or its subcontractors notify the 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 City of Oakland Liaison, Office of the City Administrator, Contracts and Compliance UnitContract Compliance, 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 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 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 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 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 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 City of Oakland purchase contract. Prompt Payment invoice and complaint claim forms are available at the following City of Oakland website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to xxxx://xxxx.xxxxxxxxxx.xxx/cceshome/ by clicking on the rightmost upper tab labeled Prompt Payment heading and click on the appropriate linksOrdinance. Invoice and complaint claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000510-0000238-6261, Office of the City AdministratorContract Compliance, Contracts and Compliance Unit, 000 250 Xxxxx X. Xxxxx PlazaXxxxx, Suite 3341Xxxxx 0000, OaklandXxxxxxx, CA 94612XX 00000.

Appears in 1 contract

Samples: Specialized Service Agreement

Prompt Payment Ordinance. This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06 (Ordinance 12857 C.M.SC.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 submission of invoices unless the Contractor Counsel or its subcontractors notify the 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 City of Oakland Liaison, Office Department of the City Administrator, Contracts Contracting and Compliance Unit, 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 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, 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 ’s website, Contractor Counsel and its subcontractors, are required to file notice with the City of 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 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 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 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 Prompt Payment 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 purchase contractAgreement. Prompt Payment invoice and complaint claim forms are available at the following City of Oakland Oakland’s website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to xxxx://xxxx.xxxxxxxxxx.xxx/cceshome by clicking on the rightmost upper tab labeled Prompt Payment heading and click on the appropriate linksOrdinance. Invoice and complaint inquiries claims inquires should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000-000-0000, Office the Department of the City AdministratorContract and Purchasing, Contracts and Compliance Unit, 000 250 Xxxxx X. Xxxxx PlazaXxxxx, Suite 3341Xxxxx 0000, OaklandXxxxxxx, CA 94612Xxxxxxxxxx, 00000.

Appears in 1 contract

Samples: Professional Services Agreement

Prompt Payment Ordinance. This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06 (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 submission of invoices unless the Contractor or its subcontractors notify the 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 City of Oakland Liaison, Office Division 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 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 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 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 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 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 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 City of Oakland purchase contract. Prompt Payment invoice and complaint claim forms are available at the following City of Oakland website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to Prompt Payment heading and click on the appropriate links. Invoice and complaint inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000-0000, Office of the City Administrator, xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CityAdministration/d/CP/s/FormsSchedules/ind ex.htm or at Contracts and Compliance UnitCompliance, 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@xxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Specialized Service Agreement

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Prompt Payment Ordinance. This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06 (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 submission of invoices unless the Contractor or its subcontractors notify the 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 City of Oakland Liaison, Office Department of the City Administrator, Contracts Contracting and Compliance Unit, Purchasing 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 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 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 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 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 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 City of Oakland purchase contract. Prompt Payment invoice and complaint claim forms are available at the following City of Oakland website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to xxxx://xxxx.xxxxxxxxxx.xxx/cceshome/ by clicking on the rightmost upper tab labeled Prompt Payment heading and click on the appropriate linksOrdinance. Invoice and complaint claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000510-0000238-6261, Office the Department of the City Administrator, Contracts Contracing and Compliance UnitPurchasing, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612.

Appears in 1 contract

Samples: Sample Only

Prompt Payment Ordinance. This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06 (Ordinance 12857 C.M.SC.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 submission of invoices unless the Contractor Counsel or its subcontractors notify the 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 City of Oakland Liaison, Office Department of the City Administrator, Contracts Contracting and Compliance Unit, 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 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, 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 ’s website, Contractor Counsel and its subcontractors, are required to file notice with the City of 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 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 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 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 Prompt Payment 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 purchase contractAgreement. Prompt Payment invoice and complaint claim forms are available at the following City of Oakland Oakland’s website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to xxxx://xxxx.xxxxxxxxxx.xxx/cceshome by clicking on the rightmost upper tab labeled Prompt Payment heading and click on the appropriate linksOrdinance. Invoice and complaint inquiries claims inquires should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000510-0000238-6261, Office the Department of the City AdministratorContract and Purchasing, Contracts and Compliance Unit, 000 250 Xxxxx X. Xxxxx PlazaXxxxx, Suite 3341Xxxxx 0000, OaklandXxxxxxx, CA 94612Xxxxxxxxxx, 00000.

Appears in 1 contract

Samples: Professional Services Agreement

Prompt Payment Ordinance. This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06 (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 submission of invoices unless the Contractor or its subcontractors notify the 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 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 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 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 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 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 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 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 City of Oakland purchase contract. Prompt Payment invoice and complaint forms are available at the following City of Oakland website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to Prompt Payment heading and click on the appropriate links. Invoice and complaint inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000510- 238-00006261, Office of the City Administrator, Contracts and Compliance Unit, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612.

Appears in 1 contract

Samples: Architectual and Engineering Service Agreement

Prompt Payment Ordinance. This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06 (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 submission of invoices unless the Contractor or its subcontractors notify the 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 City of Oakland Liaison, Office Department of the City Administrator, Contracts Contracting and Compliance Unit, Purchasing 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 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 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 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 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 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 City of Oakland purchase contract. Prompt Payment invoice and complaint claim forms are available at the following City of Oakland website: xxxx://xxx0.xxxxxxxxxx.xxx/Government/o/CP/s/FormsSchedules/index.htm scroll down to xxxx://xxxx.xxxxxxxxxx.xxx/cceshome/ by clicking on the rightmost upper tab labeled Prompt Payment heading and click on the appropriate linksOrdinance. Invoice and complaint claim inquiries should be directed to Xxxxxx Xxxxx, City of Oakland Liaison, 000- 000-000-0000, Office the Department of the City Administrator, Contracts Contracing and Compliance UnitPurchasing, 000 Xxxxx X. Xxxxx Plaza, Suite 3341, Oakland, CA 94612.

Appears in 1 contract

Samples: Sample Only

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