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8D Consent 2012 0702
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8D Consent 2012 0702
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7/6/2012 2:38:19 PM
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6/26/2012 5:58:41 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/2/2012
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_CC Agenda 2012 0702 RG
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0702
Reso 2012-076
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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4.0 PERFORMANCE SCHEDULE <br />4.1 Schedule of Performance. Consultant shall commence, prosecute and complete the project within <br />the time periods established in the "Scope of Work" (Exhibit "A "). <br />4.2 Reversion of Assets. Upon the expiration or sooner termination of this Agreement, Consultant <br />shall (i) transfer to City any and all CDBG Funds and program income on hand, (ii) any accounts receivable <br />attributable to the use of CDBG Funds or program income; and (iii) if any CDBG Funds or program income was <br />used by Consultant to improve or acquire real property and said CDBG Funds or program income was in excess of <br />Twenty -Five Thousand Dollars ($25,000), Consultant shall either (a) use said real property to meet one of the <br />national objectives specified in 24 CFR Section 570.208 for a period of five (5) years after the termination or sooner <br />expiration of this Agreement or (b) dispose of the real property and reimburse City in an amount (together with any <br />amounts previously repaid to City) that is equal to the fair market value of the real property times a fraction, the <br />numerator of which is equal to the amount of CDBG funds and /or other program income used to acquire or improve <br />the property and denominator of which is equal to the fair market value of the real property immediately after the real <br />property was acquired or improved with said funds. <br />6111 =919197:X] 10 /_VA 1 C4] 0[o] aV091 V 0 <br />5.1 Representative of Consultant. Director for Consultant is hereby designated as being the <br />representative of Consultant authorized to act in its behalf with respect to this Agreement and make all decisions in <br />connection therewith. <br />5.2 Contract Officer. Contract Officer shall be the City's CDBG Manager or such person as may be <br />designated by the City Manager. It shall be Consultant's responsibility to assure that Contract Officer is kept <br />informed of the progress of the performance of the services and Consultant shall refer any decisions that must be <br />made by City to Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall <br />mean the approval of Contract Officer, who shall have authority to sign all documents on behalf of City required <br />hereunder to carry out the terms of this Agreement. <br />5.3 Prohibition Against Subcontracting or Assignment. City and Consultant recognize and agree <br />that this Agreement contemplates personal performance by Consultant and is based upon a determination of <br />Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a <br />substantial inducement to City to entering into this Agreement was and is the professional reputation and <br />competence of Consultant. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, <br />hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, <br />without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or <br />group of persons acting in concert of more than twenty -five percent (25 %) of the present ownership and /or control of <br />Consultant, taking all transfers into account on a cumulative basis. Consultant shall also not subcontract any portion <br />of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, <br />without prior written approval of City. In the event of any such unapproved transfer or subcontracting, including any <br />bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety <br />of Consultant of any liability hereunder without the express consent of City. <br />5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the <br />manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except <br />as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of <br />Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of <br />service. Consultant shall perform all services required herein as an independent contractor of City and shall remain <br />at all times as to City a wholly independent contractor with only such obligations as are consistent with the role. <br />Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or <br />employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant <br />in its business or otherwise of a joint venture or a member of any joint enterprise with Consultant. <br />5.5 Conflict of Interest. Consultant agrees to abide by the provisions of 24 CFR 570.611 with respect <br />to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial <br />-7- <br />CDBG Consulting Services Agreement <br />for Neighborhood Solutions FY12 -13 <br />
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