|
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
<br />assistance from another governmental entity, Consultant and any subconsultants shall comply with
<br />all applicable rules and regulations to which City is bound by the terms of such fiscal assistance
<br />program.
<br />7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its
<br />employees, agents, and any subconsultants have all licenses, permits, qualifications, and
<br />approvals of whatsoever nature that are legally required to practice their respective professions.
<br />Consultant represents and warrants to City that Consultant and its employees, agents, any
<br />subconsultants 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 practice their
<br />respective professions. In addition to the foregoing, Consultant and any subconsultants shall
<br />obtain and maintain during the term of this Agreement valid Business Licenses from City.
<br />7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a
<br />person's race, religion, color, national origin, age, physical or mental handicap or disability, medical
<br />condition, marital status, sex, or sexual orientation, against any employee, applicant for
<br />employment, subconsultant, bidder for a subcontract, or participant in, recipient of, or applicant for
<br />any services or programs provided by Consultant under this Agreement. Consultant 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 Consultant thereby.
<br />Consultant 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 Consultant.
<br />Consultant 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 termination, Consultant 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 Consultant delivering to City any or all documents, photographs, computer software, video
<br />and audio tapes, and 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 this Agreement
<br />beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
<br />to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants
<br />such an extension, City shall have no obligation to provide Consultant with compensation beyond
<br />the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
<br />Consulting Services Agreement between January 17, 2017
<br />City of San Leandro and SmartWAVE Technologies Page 9 of 16
<br />
|