Agmt02 Santa Clara, City of - Laserfiche WebLink

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'. . B. C. CONTRACTOR, with the CONTRACTOR's knowledge, approval or acquiescence, the CONTRACTOR's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence. City may also terminate this Agreement in the event anyone or more of the following occurs: 1. If City determines that CONTRACTOR no longer has the financial capabilitl or business experiences to perform the terms of, or operate under, this Agreement; or, 2. If City determines the CONTRACTOR fails to submit infòrmation, or submits false information, which is required to perform or be awarded a contract with City, including, but not limited to, CONTRACTOR's failure to maintain a required State issued license, failure to obtain a City business license (if applicable) or failure to purchase and maintain bonds and/or insurance policies required under this Agreement. In the event a prospective CONTRACTOR (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to the these provisions, CONTRACTOR may appeal the City's action to the City Council by filing a written request with the City Clerk within ten (10) days of the notice given by City to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the City Clerk. CONTRACTOR will have the burden of proof on the appeal. The CONTRACTOR shall have the opportunity to present evidence, both oral and documentary, and argument. 4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code [11 U.S.c.], as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for an or substantially an of the assets of Contractor. 5 Loss of personnel deemed essential by the City for the successful performance of the obligations of the Contractor to the City. Page 2 of 2 Consultant Services Agmt. City of Redwood City Rev: 12/06/01 Exhibit "D" .,....-~ '