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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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10.3 Severabili . If a court of competent jurisdiction finds or rules that any provision of this Agreement <br />is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in <br />full force and effect. The invalidity in whole or in part of any provision of this Agrnement shall not <br />void or affect the validity of any other provision of this Agreement. <br />10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement <br />does not constitute a waiver of any other breach of that term or any other term of this Agreement. <br />10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall <br />apply to and bind the successors and assigns of the parties. <br />10.6 Reserved. <br />10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the <br />corporate limits of City or whose business, regardless of location, would place Contractor in a <br />"conflict of interest," as that term is defined in the Political Reform Act, codified at Califomia <br />Govemment Code Section 81000 et seq. <br />Contractor shall not employ any City official in the work performed pursuant to this Agreement. No <br />officer or employee of City shall have any financial interest in this Agreement that would violate <br />Califomia Govemment Code Sections 1090 et seq. <br />Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an <br />employee, agent, appointee, or official of the City. If Contractor was an employee, agent, <br />appointee, or official of the City in the previous twelve months, Contractor warrants that it did nat <br />participate in any manner in the forming of this Agreement. Contractor understands that, if this <br />Agreement is made in violation of Govemment Code § 1090 et seq., the entire Agreement is void <br />and Contractor will not be entitled to any compensation for services perfom~ed pursuant to this <br />Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the <br />City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, <br />it may be subject to criminal prosecution for a violation of Govemment Code § 1090 and, if <br />applicable, will be disqualified from holding public office in the State of Califomia. <br />10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview <br />related to this Agreement, either orally or through any written materials. <br />10.9 Contract Administration. This Agreement shall be administered by Tim Orr and Don Brockman <br />(`Contract Administrator". A(I correspondence shall be directed to or through the Contract <br />Administrator or his or her designee. <br />NPSA 50103 -Citywide Landscape -Sycamore Landscaping Page 9 of 25 <br />
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