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AgdaPkt 2004-04-26
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AgdaPkt 2004-04-26
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Last modified
7/16/2012 4:07:06 PM
Creation date
4/23/2004 8:27:29 AM
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CC Index
CC Index - Document Type
Agenda Packet
Date
4/26/2004
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<br /> 9'. c - <i <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 Consultan+'s agents, <br /> employees, subcontractors and consultants hlive any ancillary real propel'Ì}1, businesc <br /> interests or income that will be affected by this Agreement or, altemativ~ly, that <br /> Consultant will file with City/Agency an affidavit disclosing this interest. <br /> 18. General ComDliance 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, <br /> ordinances, and regulations and will be responsible for the compliance of Consultant's <br /> Services with all applicable laws, ordinances and regulations. <br /> 19. Discrimination and Harassment Prohibited. Consultant will comply with all <br /> applicable local, state and federal laws and regulations prohibiting discrimination and <br /> harassment. <br /> 20. Termination. In the event of the Consultant's failure to prosecute, deliver, or <br /> perform the Services, City/Agency may terminate this Agreement for nonperformance <br /> by notifying Consultant in writing pursuant to the notice provisions of this Agreement. If <br /> City/Agency decides to abandon or indefinitely postpone the work or services <br /> contemplated by this Agreement, City/Agency may terminate this Agreement upon <br /> written notice to Consultant pursuant to the notice provisions of this Agreement. <br /> Termination will be effective immediately upon notification. Consultant has five (5) <br /> business days to deliver any documents owned by City/Agency and all work in progress <br /> to City/Agency 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 <br /> City/Agency in having the Agreement completed. Based upon that finding City/Agency <br /> will determine the final payment of the Agreement. <br /> Either Party upon tendering thirty (30) days written notice to the other party may <br /> terminate this Agreement. In this event and upon request of City/Agency, Consultant will <br /> assemble the work product without charge and put it in order for proper filing and <br /> closing and deliver it to City/Agency. Consultant will be paid for work performed to the <br /> termination date; however, the total will not exceed the lump sum fee payable under this <br /> Agreement. City/Agency will make the final determination as to the portions of tasks <br /> completed and the compensation to be made. <br /> 21. Covenants Aaainst Continaent Fees. Consultant warrants that Consultant has <br /> not employed or retained any company or person, other than a bona fide employee <br /> working for Consultant, to solicit or secure this Agreement, and that Consultant has not <br /> paid or agreed to pay any company or person, other than a bona fide employee, any <br /> fee, commission, percentage, brokerage fee, gift, or any other consideration contingent <br /> FTB Master Agr 6 <br /> 040104 <br />
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