IMMIGRANT DEFENDERS LAW CENTER (5)

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13. FUNDING AVAILABILITY It is understood and agreed that funding is contingent on there being sufficient funds within the City's budget. If the City lacks funding within its budget, the Agreement shall have no further force and effect. If there is a lack of funding or should funds became unavailable after the effective date of the Agreement, the City shall have no liability to pay any funds to the Immigrant Defenders or to furnish other consideration under this Agreement and the Immigrant Defenders shall not be obligated to continue to perform any services under the provisions of this Agreement. It is also understood that funds for the program must be appropriated and approved by City Council. City Council has the authority to reduce or eliminate funding of this program, without cause or justification, with no liability occurring to the City. 14. STANDARD OF PERFORMANCE Immigrant Defenders shall perform all services performed under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Immigrant Defenders' profession. Immigrant Defenders shall assign only competent personnel to perform services, including licensed attorneys, under this Agreement. Immigrant Defenders shall notify City in writing of any changes in Immigrant Defenders' staff assigned to perform the services under this Agreement prior to any such performance. 15. CONFLICTS OF INTEREST Immigrant Defenders covenants that neither it, nor any officer or principal of its corporation, has or shall acquire any interest, directly nor indirectly, that would hinder Immigrant Defenders' performance of services under this Agreement. Immigrant Defenders further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written consent of City. Immigrant Defenders agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement. 16. MISCELLANEOUS a. Entire Agreement. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding the parties may have had prior to the execution of this Agreement. b. Modification. No modification or change to the terms of this Agreement will be binding on a party unless in writing and signed by authorized representatives of the parties. C. Compliance with Laws. Immigrant Defenders shall perform all services described herein in compliance with all applicable federal, state and local laws, rules, regulations, and ordinances, including but not limited to, (i) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) ("ADA"), and any regulations and guidelines issued pursuant to the ADA; and (ii) Labor Code sections 1720, et seq., which require prevailing wages (in accordance with DIR determinations at www.dir.ca.eov) be paid to any employee performing work covered by Labor Code