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Agmt17 Smart Utility Systems, Inc.
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Agmt17 Smart Utility Systems, Inc.
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Last modified
6/16/2017 11:09:22 AM
Creation date
6/16/2017 11:08:19 AM
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Agreement
Contractor Name
Smart Utility Systems, Inc.
PROJECT NAME
Customer Water Use Portal
RMP File Number
304
Date
6/15/2017
MO Ref
17-110
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subcontractors shall complete and file with the City Clerk those schedules specified by <br />City and contained in the Statement of Economic Interests Form 700. <br />Consultant, for Consultant and on behalf of Consultant's agents, employees, <br />subcontractors and consultants warrants that by execution of this Agreement, that they <br />have no interest, present or contemplated, in the projects affected by this Agreement. <br />Consultant further warrants that neither Consultant, nor Consultant's agents, employees, <br />subcontractors and consultants have any ancillary real property, business interests or <br />income that shall be affected by this Agreement or, alternatively, that Consultant shall file <br />with City an affidavit disclosing this interest. <br />20. General Compliance with Laws. Consultant will keep fully informed of federal, <br />state and local laws and ordinances and regulations which in any manner affect those <br />employed by Consultant, or in any way affect the performance of the Services by <br />Consultant. Consultant will at all times observe and comply with these laws, ordinances, <br />and regulations and will be responsible for the compliance of Consultant's Services with <br />all applicable laws, ordinances and regulations. <br />21. Discrimination and Harassment Prohibited. Consultant will comply with all <br />applicable local, state and federal laws and regulations prohibiting discrimination and <br />harassment. <br />22. Termination. In the event of the Consultant's failure to prosecute, deliver, or <br />perform the Services, City may terminate this Agreement for nonperformance by notifying <br />Consultant in writing pursuant to the notice provisions of this Agreement. Consultant shall <br />have thirty (30) business days following receipt of such notice to cure such default. <br />If City decides to abandon or postpone the work or services contemplated by this <br />Agreement, City may terminate this Agreement upon thirty (30) days' written notice to <br />Consultant pursuant to the notice provisions of this Agreement. Upon such termination, <br />City shall be responsible for payment for the proportionate amount of services performed <br />at the time of termination. <br />Either Party upon tendering thirty (30) days written notice to the other party may terminate <br />this Agreement. <br />If within twelve (12) months of execution of this Agreement, the City terminates the <br />Agreement for cause or the Consultant terminates the Agreement without cause, <br />Consultant shall reimburse the City a pro rata amount of payments received. <br />Within ten (10) days of termination Consultant will assemble the work product, including <br />City -owned data, without charge and put it in order for proper filing and closing and deliver <br />it to City. Consultant 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 <br />a determination of final payment based upon the value of the work product delivered to <br />City and the percentage of the services performed. <br />Page 8 of 38 <br />ATTY/AGR/2017.104/SMART ENERGY SYSTEMS—CUSTOMER WATER USE PORTAL <br />REV: 05-15-17 MI <br />
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