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REV: 06-20-24 VR <br />ATTY/AGR.2024.088/Pyro Spectaculars North, Inc. (Page 7 of 12) <br />Except as otherwise stated, all notices provided under this Agreement must be in writing <br />and delivered by regular and certified mail. Each party will notify the other immediately <br />of any changes of address that would require any notice or delivery to be directed to <br />another address. <br />18. Conflict of Interest. If disclosure under the Political Reform Act and City’s Conflict <br />of Interest Code is required of Consultant or any Consultant Personnel, Consultant or <br />Consultant Personnel will complete and file with the City Clerk the Statement of Economic <br />Interests Form 700. <br />Consultant, for Consultant and on behalf of all Consultant Personnel, warrants by <br />execution of this Agreement that they have no interest, present or contemplated, in the <br />projects affected by this Agreement. Consultant further warrants that neither Consultant, <br />nor any Consultant Personnel have any ancillary real property, business interests or <br />income that will be affected by this Agreement or, alternatively, that Consultant will file <br />with City an affidavit disclosing this interest. <br />19. 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 the Services with all <br />applicable laws, ordinances and regulations. <br />20. Discrimination and Harassment Prohibited. Consultant will comply with all <br />applicable local, state and federal laws and regulations prohibiting discrimination and <br />harassment. <br />21. Force Majeure. City agrees to assume the risks of weather, strike, civil unrest, <br />terrorism, military action, government action, and any other causes beyond the control of <br />Consultant which may prevent the Services from being safely discharged on the <br />scheduled date, which may cause the cancellation of any event for which City has purchased <br />the Services, or which may affect or damage such portion of the exhibits as much be placed <br />and exposed a necessary time before the Services. If, for any such reason, Consultant is not <br />reasonably able to safely discharge the Services on the scheduled date, or at the scheduled <br />time, or should any event for which City may cancel the Services and pay Consultant such sums <br />as provided in Section 22, based upon when the Services is canceled. <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. In the event of <br />Consultant’s failure to prosecute, deliver or perform the Services, no payment shall be <br />due to Consultant. City shall have the option to unilaterally cancel the Services prior to <br />the scheduled date. If City exercises this option, City agrees to pay Consultant, as <br />liquidated damages, the following percentages of the fee set forth in Paragraph 6, <br />Compensation: <br />a. 25% of the balance owed after City’s initial half payment of Fifty-One Thousand <br />Dollars ($51,000) upon City’s execution of this Agreement if cancellation occurs <br />ATTY/AGR./Pyro Spectaculars (Page 7 of 12)