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8I Consent 2014 1103
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8I Consent 2014 1103
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Last modified
11/14/2014 10:08:44 AM
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10/29/2014 9:32:41 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/3/2014
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_CC Agenda 2014 1103 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1103
Reso 2014-119
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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Attorney 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 anytime and without cause upon written <br />notification to Attorney. <br />Attorney may cancel this Agreement upon 60 days' written notice to City and shall include <br />in such notice the reasons for cancellation. <br />In the event of termination, Attorney shall be entitled to compensation for services <br />performed to the effective date of termination; City, however, may condition payment of <br />such compensation upon Attorney delivering to City any or all documents, photographs, <br />computer software, video and audio tapes, and other materials provided to Attorney or <br />prepared by or for Attorney or the City in connection with this Agreement. <br />8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this <br />Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a <br />written amendment to this Agreement, as provided for herein. Attorney understands and <br />agrees that if City grants such an extension City shall have no obligation to provide <br />Attorney 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 Attorney 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 the <br />Parties. <br />8.4 Assignment and Subcontracting. City and Attorney recognize and agree that this <br />Agreement contemplates personal performance by Attorney and is based upon a <br />determination of Attorney's unique personal competence, experience, and specialized <br />personal knowledge. Moreover, a substantial inducement to City for entering into this <br />Agreement was and is the professional reputation and competence of Attorney. Attorney <br />may not assign this Agreement or any interest therein. <br />8.5 Survival. All obligations arising prior to the termination of this Agreement and all <br />provisions of this Agreement allocating liability between City and Attorney shall survive the <br />termination of this Agreement. <br />8.6 Options upon Breach by Attorney. If Attorney breaches any of the terms of this <br />Agreement, City's remedies shall include, but not be limited to, the following: <br />8.6.1 Immediately terminate the Agreement; <br />8.6.2 Reserved; <br />Consulting Services Agreement between January 22, 2014 <br />City of San Leandro and Jarvis, Fay, Doporto & Gibson, LLP Page 9 of 13 <br />
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