FULL AGENDA PACKET_2021-04-20 - Laserfiche WebLink

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12. DISCRIMINATION CONSUL I AN f shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as delined and prohibited by applicable law, in the recruitment, selection, a airing, utilization, promotion, termination or other employment related activities. CONSULTANT affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and reculatioos and as further specified in Certifications- Exhibit C, attached hereto and incorporated in Lhis Agreennenl by reference_ 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and eachrsive statement between the CITY and CONSULTANT, and supersedes any and all other agreements, oral or written, between the parties. In the CVCnt of a confliet betwCCn the rants of this Agrccnncrnt and any auachntcnts hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by "' iuen instrument signed by the CITY and by an authorized representative of CONSULTANT. The parties agree that any terms or conditions of any purchase order or other instronnent that arc inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate CONSIAXAN f or the CH Y, h:ach parly to this Agrcanent acknowledges that no representations, induwmams, promises or agrcanenls, orally or other wise, have been made by any party, or anyone acting on behalf of any party, which is nix embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of CONSULTANT, CONSULTANT ma_y not assign, transfer, delegate. or subcontract any imerest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or subcontract without the (TTY's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the CTTY's ability to have any of the services which are the subject to this Agreement perfra ntcd by CITY personnel or by other consultants retained by CITY_ 15. '1FRMINATI0N This Agn-ecntent may be tc ininated by the CITY upon thirty (30) days written notice of termination_ 111 such event, CONSULTANT shall be entitled to receive and the CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT prior to receipt o1 such notice of termination, subject to the fol lowing conditions: a. As a condition of such payment, the Lxecutive Director may require CONSULTANT to deliver to the CITY all work product(s) completed as of such date, and in such case such work product shall be the propeny of the CITY unless prohibited by law, and CONSULTANT consents to the CITY's use thcrcol' Ibr such purposcs as the CITY deans appropriate. b. Payment need not be made for work which fails to meet the standard of pctI-ormance specified in the Recitals of this Agreement. City Council 24 — 7 4/20/2021 Page 5 of 8