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Consultant, for Consultant and on behalf of Consultant's agents, employees, subcontractors and
<br />consultants warrants that by execution of this Agreement, that they have no interest, present or
<br />contemplated, in the projects affected by this Agreement. Consultant further warrants that
<br />neither Consultant, nor Consultant's agents, employees, subcontractors and consultants have
<br />any ancillary real property, business interests or income that will be affected by this Agreement
<br />or, alternatively, that Consultant will file with the City/Agency an affidavit disclosing this interest.
<br />18. General Compliance with Laws. Consultant will keep fully informed of federal, state and
<br />local laws and ordinances and regulations which in any manner affect those employed by
<br />Consultant, or in any way affect the performance of the Services by Consultant. Consultant will
<br />at all times observe and comply with these laws, ordinances, and regulations and will be
<br />responsible for the compliance of Consultant's Services with all applicable laws, ordinances and
<br />regulations.
<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 />20. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the
<br />Services, City/Agency may terminate this Agreement for nonperformance by notifying
<br />Consultant in writing pursuant to the notice provisions of this Agreement. If City/Agency decides
<br />to abandon or indefinitely postpone the work or services contemplated by this Agreement,
<br />City/Agency may terminate this Agreement upon written notice to Consultant pursuant to the
<br />notice provisions of this Agreement. Termination will be effective immediately upon notification.
<br />Consultant has five (5) business days to deliver any documents owned by City/Agency and all
<br />work in progress to City address contained in this Agreement. City/Agency will make a
<br />determination of fact based upon the work product delivered to City/Agency and of the
<br />percentage of work that Consultant has performed which is usable and of worth to City/Agency
<br />in having the Agreement completed. Based upon that finding City/Agency will determine the
<br />final payment of the Agreement.
<br />Either Party upon tendering thirty (30) days written notice to the other party may terminate this
<br />Agreement. In the event and upon request of City/Agency, Consultant will assemble the work
<br />product without charge and put it in order for proper filing and closing, and deliver it to
<br />City/Agency. Consultant will be paid for work performed to the termination date; however, the
<br />total will not exceed the lump sum fee payable under this Agreement. City/Agency will make the
<br />final determination as to the portions of tasks completed and the compensation to be made.
<br />21. Covenants Against Contingent Fees. Consultant warrants that Consultant has not
<br />employed or retained any company or person, other than a bona fide employee working for
<br />Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to
<br />pay any company or person, other than a bona fide employee, any fee, commission,
<br />percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from,
<br />the award or making of this Agreement. For breach or violation of this warranty, City/Agency
<br />will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the
<br />Agreement price or consideration, or otherwise recover, the full amount of the fee, commission,
<br />percentage, brokerage fees, gift, or contingent fee.
<br />Agreement over $10K 6
<br />City Attorney Approved Version 111803
<br />s/library/agreements/Consultant/Consultant_CTS_Material Testing & Inspection_RWS Community Library
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