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8D Consent 2010 0607
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8D Consent 2010 0607
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Last modified
6/4/2010 9:49:19 AM
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6/4/2010 9:49:18 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/7/2010
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PERM
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_CC Agenda 2010 0607
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0607
Reso 2010-062
(Reference)
Path:
\City Clerk\City Council\Resolutions\2010
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employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for <br />any services or programs provided by Contractor under this Agreement. Contractor shall comply <br />with all applicable federal, state, and local laws, policies, rules, and requirements related to equal <br />opportunity and nondiscrimination in employment, contracting, and the provision of any services <br />that are the subject of this Agreement, including but not limited to the satisfaction of any positive <br />obligations required of Contractor thereby. <br />Contractor shall include the provisions of this Subsection in any subcontract approved by the <br />Contract Administrator or this Agreement. <br />Section 8. TERMINATION AND MODIFICATION. <br />8.1 Termination. City may cancel this Agreement at any time and without cause upon written <br />notification to Contractor. <br />Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in <br />such notice the reasons for cancellation. <br />In the event of temvnation, Contractor shall be entitled to compensation for services performed to <br />the effective date of termination; City, however, may condition payment of such compensation <br />upon Contractor delivering to City any or all documents, photographs, computer software, video <br />and audio tapes, and other materials provided to Contractor or prepared by or for Contractor 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 this Agreement <br />beyond that provided for in Subsection 1.1, per the terms of RFP 50103. Any such extension shall <br />require a written amendment to this Agreement, as provided for herein. Contractor understands <br />and agrees that, if City grants such an extension, City shall have no obligation to provide <br />Contractor with compensation beyond the maximum amount provided for in this Agreement. <br />Similarly, unless authorized by the Contract Administrator, City shall have no obligation to <br />reimburse Contractor for any otherwise reimbursable expenses incurred during the extension <br />period. <br />8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. <br />8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement <br />contemplates personal perforrance by Contractor and is based upon a determination of <br />Contractor's unique personal competence, experience, and specialized personal knowledge. <br />Moreover, a substantial inducement to City for entering into this Agreement was and is the <br />professional reputation and competence of Contractor. Contractor may not assign this Agreement <br />or any interest therein without the prior written approval of the Contract Administrator. Contractor <br />shall not subcontract any portion of the performance contemplated and provided for herein, other <br />than to the subcontractors noted in the proposal, without prior written approval of the Contract <br />Administrator. <br />8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this <br />Agreement allocating liability between City and Contractor shall survive the termination of this <br />Agreement. <br />8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this <br />Agreement, City's remedies shall included, but not be limited to, the following: <br />NPSA 50103 -Citywide Landscape -Sycamore Landscaping Page 7 of 25 <br />
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