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Agmt06 John B. Whitcomb, Ph.D - Professional Water Rates Study Services
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Agmt06 John B. Whitcomb, Ph.D - Professional Water Rates Study Services
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Last modified
10/1/2008 11:13:42 AM
Creation date
10/31/2006 7:56:38 AM
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Agreement
Contractor Name
John B. Whitcomb, Ph.D
PROJECT NAME
Professional Water Rates Study Services
RMP File Number
304.5
Date
10/26/2006
Box
6586
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<br />Except as otherwise stated, all notices to be provided or that may be provided under this <br />Agreement must be in writing and delivered by regular and certified mail. Each party will <br />notify the other immediately of any changes of address that would require any notice or <br />delivery to be directed to another address. <br /> <br />17. Conflict of Interest. City will evaluate Consultant'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 Consultant or any of Consultant's employees, agents, or subcontractors. <br />Should it be determined that disclosure is required, Consultant or Consultant's affected <br />employees, agents, or subcontractors will complete and file with the City Clerk those <br />schedules specified by City and contained in the Statement of Economic Interests Form <br />700. <br /> <br />Consultant, for Consultant and on behalf of Consultant's agents, employees, subcontractors <br />and consultants warrants that by execution of this Agreement, that they have no interest, <br />present or contemplated, in the projects affected by this Agreement. Consultant further <br />warrants that neither Consultant, nor Consultant's agents, employees, subcontractors and <br />consultants have any ancillary real property, business interests or income that will be <br />affected by this Agreement or, alternatively, that Consultant will file with the City an affidavit <br />disclosing this interest. <br /> <br />18. General Compliance with Laws. Consultant will keep fully informed of federal, state <br />and local laws and ordinances and regulations which in any manner affect those employed <br />by Consultant, or in any way affect the performance of the Services by Consultant. <br />Consultant will at all times observe and comply with these laws, ordinances, and regulations <br />and will be responsible for the compliance of Consultant's Seryices with all applicable laws, <br />ordinances and regulations. <br /> <br />19. Discrimination and Harassment Prohibited. Consultant will comply with all applicable <br />local, state and federal laws and regulations prohibiting discrimination and harassment. <br /> <br />20. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform <br />the Services, City may terminate this Agreement for nonperformance by notifying Consultant <br />in writing pursuant to the notice provisions of this Agreement. If City decides to abandon or <br />indefinitely postpone the work or services contemplated by this Agreement, City may <br />terminate this Agreement upon written notice to Consultant pursuant to the notice provisions <br />of this Agreement. Termination will be effective immediately upon notification. Consultant <br />has five (5) business days to deliver any documents owned by City and all work in progress <br />to City address contained in this Agreement. City will make a determination of fact based <br />upon the work product delivered to City and of the percentage of work that Consultant has <br />performed which is usable and of worth to City in having the Agreement completed. Based <br />upon that finding City will determine the final payment of the Agreement. <br /> <br />Either Party upon tendering thirty (30) days written notice to the other party may terminate <br />this Agreement. In this event and upon request of City, Consultant will assemble the work <br />product without charge and put it in order for proper filing and closing and deliver it to City. <br />Consultant will be paid for work performed to the termination date; however, the total will not <br /> <br />Agreement over $10K 6 <br />City Attorney Approved Version 111803 <br />
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