INTERWEST CONSULTING GROUP (4) - Laserfiche WebLink

Home Browse Search

January 26, 2021 Mr. Jacob Green Page 2 extended or earlier terminated as provided herein. Facilitator shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement, if necessary, to complete the Services. Facilitator shall perform all Services under this Letter Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Compensation shall be in the form of an all-inclusive, not to exceed fee structure of $12,000. The City shall pay the fee of $12,000 within 30 days of receiving an invoice for payment from Facilitator. The City may terminate this Letter Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter Agreement, Facilitator shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination at the hourly rate of $200.00 per hour. Facilitator may terminate this Letter Agreement only upon 30 calendar days' written notice to the City only in the event of City's failure to perform in accordance with the terms of this Letter Agreement through no fault of Facilitator. By its signature hereunder, Facilitator certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Finally, Facilitator represents that it is an equal opportunity employer and it shall not discriminate against any sub -Facilitator, employee or applicant for employment in violation of state or federal law. As provided for in the indemnity obligations of this Letter Agreement, Facilitator shall indemnify City against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency. This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Orange County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Facilitator must comply with the claim procedures set forth in Government Code sections 900 et sea. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Facilitator. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Facilitator shall be barred from bringing and maintaining a valid lawsuit against the City. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in