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Agmt04 TMB Consulting
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Agmt04 TMB Consulting
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Last modified
5/12/2008 1:38:43 PM
Creation date
1/29/2004 11:51:22 AM
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Template:
Agreement
Contractor Name
TMB Consulting
PROJECT NAME
interim IT manager services
RMP File Number
304.5
Date
1/20/2004
Box
6585
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17. Conflict of Interest. City will evaluate Consultant's duties pursuant to this <br />Agreement to determine whether disclosure under the Political Reform Act and City's <br />Conflict of Interest Code is required of Consultant or any of Consultant's employees, <br />agents, or subcontractors. Should it be determined that disclosure is required, <br />Consultant or Consultant's affected employees, agents, or subcontractors will complete <br />and file with the City Clerk those schedules specified by City and co~.tai.n, ed in the <br />Statement of Economic Interests Form 700. <br /> <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 Consultant's agents, <br />employees, subcontractors and consultants have any ancillary real property, business <br />interests or income that will be affected by this Agreement or, alternatively, that <br />Consultant will file with the City an affidavit disclosing this interest. <br /> <br />18. 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, <br />ordinances, and regulations and will be responsible for the compliance of Consultant's <br />Services with all applicable laws, ordinances and regulations. <br /> <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 /> <br />20. 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 <br />notifying Consultant in writing pursuant to the notice provisions of this Agreement. If <br />City decides to abandon or indefinitely postpone the work or services contemplated by <br />this Agreement, City may terminate this Agreement upon written notice to Consultant <br />pursuant to the notice provisions of this Agreement. Termination will be effective <br />immediately upon notification. Consultant has five (5) business days to deliver any <br />documents owned by City and all work in progress to City address contained in this <br />Agreement. City will make a determination of fact based upon the work product <br />delivered to City and of the percentage of work that Consultant has performed which is <br />usable and of worth to City in having the Agreement completed. Based upon that <br />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 <br />terminate this Agreement. In this event and upon request of City, 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. 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 /> <br />A~rcc.ment ever $10K 6 <br />City Attorney Approved Version 111803 <br /> <br /> <br />
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