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AGENDA PACKET_2021-10-19
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AGENDA PACKET_2021-10-19
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Agenda Packet
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10/19/2021
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<br />Page 11 of 13 <br /> r. Consultant, and all its contractors (or sub-recipients) will comply with all <br />requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 <br />Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, <br />19645, Apr. 19, 1995), as applicable. <br /> <br /> s. Consultant, and all its contractors (or sub-recipients) will comply with all <br />requirements of the Department of Housing and Urban Development, <br />Community Development Block Grant Regulatory Code 24 CPR Part 570. <br /> <br /> t. Consultant agrees that the State of California Office of Traffic Safety shall <br />have the authority to seek patent rights for any process, product, invention or <br />discovery developed and paid for with funding through this Agreement. <br /> <br /> u. Consultant may not copyright any books, publications or other materials <br />developed in the course of or under this Agreement. The federal awarding <br />agency, State Administrative Agency (SAA) and City reserve any rights to <br />copyright, reproduce, publish or otherwise use, and to authorize others to use, <br />for federal government, SAA or City purpose any work developed through this <br />Agreement. <br /> <br /> v. Consultant is not proposed for debarment under 48 CFR part 9, subpart 9.4, <br />debarred, suspended, ineligible, or voluntarily excluded from participation in this <br />Agreement. <br /> <br />16. EXCLUSIVITY AND AMENDMENT <br /> <br />This Agreement represents the complete and exclusive statement between the City and <br />Consultant regarding the subject matter therein, and supersedes any and all other <br />agreements, oral or written, between the parties. In the event of a conflict between the <br />terms of this Agreement and any attachments hereto, the terms of this Agreement shall <br />prevail. This Agreement may not be modified except by written instrument signed by the <br />City and by an authorized representative of Consultant. The parties agree that any terms <br />or conditions of any purchase order or other instrument that are inconsistent with, or in <br />addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the <br />City. Each party to this Agreement acknowledges that no representations, inducements, <br />promises or agreements, orally or otherwise, have been made by any party, or anyone acting <br />on behalf of any party, which are not embodied herein. <br /> <br />17. ASSIGNMENT <br /> <br />Inasmuch as this Agreement is intended to secure the specialized services of <br />Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest <br />herein without the prior written consent of the City and any such assignment, transfer, <br />delegation or subcontract without the City's prior written consent shall be considered <br />null and void. Nothing in this Agreement shall be construed to limit the City's ability <br />to have any of the services which are the subject to this Agreement performed by City <br />personnel or by other consultants retained by City. <br />City Council 16 –29 10/19/2021
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