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C3 TECHNOLOGY SERVICES (2)
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C3 TECHNOLOGY SERVICES (2)
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Last modified
6/12/2024 3:18:17 PM
Creation date
3/14/2023 3:36:24 PM
Metadata
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Template:
Contracts
Company Name
C3 TECHNOLOGY SERVICES
Contract #
A-2023-023
Agency
Information Technology
Council Approval Date
2/21/2023
Expiration Date
3/1/2026
Insurance Exp Date
5/23/2025
Notes
CGL, AUTO, UMB, PL: 5/23/24; WC&EL: 10/02/24
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14. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Provider, Provider <br />may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of <br />the City and any such assignment, transfer, delegation or subcontract without the City's prior written <br />consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's <br />ability to have any of the services which are the subject to this Agreement performed by City personnel <br />or by other Providers retained by City. <br />15. TERMINATION <br />This Agreement may be terminated by the City upon thirty (30) days written notice of termination. <br />In such event, Provider shall be entitled to receive and the City shall pay Provider compensation for all <br />services performed by Provider prior to receipt of such notice of termination, subject to the following <br />conditions: <br />a. As a condition of such payment, the Executive Director may require Provider to deliver to <br />the City all work product(s) completed as of such date, and in such case such work product <br />shall be the property of the City unless prohibited by law, and Provider consents to the <br />City's use thereof for such purposes as the City deems appropriate. <br />b. Payment need not be made for work which fails to meet the standard of performance <br />specified in the Recitals of this Agreement. <br />16. WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or granted by <br />the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving <br />the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed <br />a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver <br />constitute a continuing waiver unless the writing so specifies. <br />17. JURISDICTION -VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined <br />and governed by the laws of the State of California. Both parties further agree that Orange County, <br />California, shall be the venue for any action or proceeding that may be brought or arise out of, in <br />connection with or by reason of this Agreement. <br />18. PROFESSIONAL LICENSES <br />Provider shall, throughout the term of this Agreement, maintain all necessary licenses, permits, <br />approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by <br />the laws and regulations of the United States, the State of California, the City of Santa Ana and all other <br />governmental agencies. Provider shall notify the City immediately and in writing of its inability to obtain <br />or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for <br />
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