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15. Nondiscrimination and Equal Opportunity. During the performance of this
<br /> Agreement, PSD shall not discriminate against any employee or applicant for employment
<br /> because of race, religion, creed, color, national origin, sex, sexual orientation or age. PSD will
<br /> comply with all applicable local, state, and federal laws and regulations prohibiting
<br /> discrimination and harassment.
<br /> 16. Conflict of Interest_ City will evaluate PSD's duties pursuant to this Agreement
<br /> to determine whether disclosure under the Political Reform Act and City's Conflict of Interest
<br /> Code is required of PSD or any of PSD's employees, agents, or subcontractors. Should it be
<br /> determined that disclosure is required, PSD or PSD's affected employees, agents, or
<br /> subcontractors will complete and file with the City Clerk those schedules specified by City and
<br /> contained in the Statement of Economic Interests Form 700. PSD, for PSD and on behalf of
<br /> PSD's agents, employees, subcontractors and consultants warrants that by execution of this
<br /> Agreement, that they have no interest, present or contemplated, in the projects affected by this
<br /> Agreement. PSD further warrants that neither PSD, nor PSD's agents, employees, subcontractors
<br /> and consultants have any ancillary real property, business interests or income that will be
<br /> affected by this Agreement, or, alternatively, that PSD will file with the City an affidavit
<br /> disclosing this interest.
<br /> 17. Documents. If applicable, PSD shall deliver to the City, on request of the City
<br /> Manager, copies of all original papers, documents and any other materials, in electronic or any
<br /> other form, prepared by PSD pursuant to this Agreement.
<br /> 18. Licenses. If a license of any kind, which term is intended to include evidence of
<br /> registration, is required of PSD, its employees, agents or subcontractors by federal, state, or local
<br /> law, PSD warrants that such Iicense has been obtained, is valid and in good standing, and PSD
<br /> shall, at its sole cost and expense, keep any such license in effect at all times during the term of
<br /> this Agreement, and that any applicable bond has been posted in accordance with all applicable
<br /> laws and regulations.
<br /> 19. Time is of the Essence. PSD agrees to diligently prosecute the services to be
<br /> provided under this Agreement to completion. In the performance of this agreement, time is of
<br /> the essence.
<br /> 20. Termination. In the event of PSD's failure to prosecute, deliver, or perform the
<br /> Services, City may terminate this Agreement for nonperformance by notifying PSD in writing
<br /> pursuant to the notice provisions of this Agreement. If City decides to abandon or postpone the
<br /> work or services contemplated by this Agreement, City may terminate this Agreement upon
<br /> written notice to PSD pursuant to the notice provisions of this Agreement. Termination will be
<br /> effective immediately upon notification. Either party upon tendering thirty (30) days' written
<br /> notice to the other party may terminate this Agreement. Within ten (10) days of termination PSD
<br /> will assemble the work product without charge and put it in order for proper filing and closing
<br /> and deliver it to City. PSD will be paid for work performed up to the termination date; however,
<br /> the total will not exceed the lump sum fee payable under this Agreement. City will make a
<br /> determination of final payment based upon the value of the work product delivered to City and
<br /> the percentage of the services performed. Termination of this Agreement will be without
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<br /> REV: 03-31-16 FF
<br /> ATTY/AGR.2016.066/PSD HiperWeb
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