permits, qualifications, and approvals of whatsoever nature that are legally
<br />required to practice their respective professions. Consultant represents and
<br />warrants to City that Consultant and its employees, agents, any subcontractors
<br />shall, at their sole cost and expense, keep in effect at all times during the term of
<br />this Agreement any licenses, permits, and approvals that are legally required to
<br />practice their respective professions. In addition to the foregoing, Consultant and
<br />any subcontractors shall obtain and maintain during the term of this Agreement
<br />valid Business Licenses from City.
<br />7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,
<br />on the basis of a person's race, religion, color, national origin, age, physical or
<br />mental handicap or disability, medical condition, marital status, sex, or sexual
<br />orientation, against any employee, applicant for employment, subcontractor,
<br />bidder for a subcontract, or participant in, recipient of, or applicant for any
<br />services or programs provided by Consultant under this Agreement. Consultant
<br />shall comply with all applicable federal, state, and local laws, policies, rules, and
<br />requirements related to equal opportunity and nondiscrimination in employment,
<br />contracting, and the provision of any services that are the subject of this
<br />Agreement, including but not limited to the satisfaction of any positive
<br />obligations required of Consultant thereby.
<br />Consultant shall include the provisions of this Subsection in any subcontract
<br />approved by the Contract Administrator or this Agreement.
<br />Section 8. TERNIINATION AND MODIFICATION.
<br />8.1 Termination. City may cancel this Agreement at any time and without cause
<br />upon written notification to Consultant.
<br />In the event of termination, Consultant shall be entitled to compensation for
<br />services performed to the effective date of termination; City, however, may
<br />condition payment of such compensation upon Consultant delivering to City any
<br />or all documents, photographs, computer software, video and audio tapes, and
<br />other materials provided to Consultant or prepared by or for Consultant or the
<br />City in connection with this Agreement.
<br />8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of
<br />this Agreement beyond that provided for in Subsection 1.1. Any such extension
<br />shall be specified in writing by the City. Consultant understands and agrees that
<br />if City issues such an extension, City shall have no obligation to provide
<br />Consultant with compensation beyond the maximum amount provided for in this
<br />Agreement. Similarly, unless authorized by the City, City shall have no
<br />obligation to reimburse Consultant for any otherwise reimbursable expenses
<br />incurred during the extension period.
<br />Consulting Services Agreement between May 3, 2004
<br />City of San Leandro and ECS Imaging, Inc. Page 9 of 19
<br />
<br />
|