Laserfiche WebLink
<br />7 <br /> <br />13. FUNDING AVAILABILITY <br /> <br />It is understood and agreed that funding is contingent on there being sufficient funds within <br />the City’s budget. If the City lacks funding within its budget, the Agreement shall have no further <br />force and effect. If there is a lack of funding or should funds became unavailable after the effective <br />date of the Agreement, the City shall have no liability to pay any funds to the Immigrant Defenders <br />or to furnish other consideration under this Agreement and the Immigrant Defenders shall not be <br />obligated to continue to perform any services under the provisions of this Agreement. It is also <br />understood that funds for the program must be appropriated and approved by City Council. City <br />Council has the authority to reduce or eliminate funding of this program, without cause or <br />justification, with no liability occurring to the City. <br /> <br />14. STANDARD OF PERFORMANCE <br /> <br /> Immigrant Defenders shall perform all services performed under this Agreement in the <br />manner and according to the standards currently observed by a competent practitioner of <br />Immigrant Defenders' profession. Immigrant Defenders shall assign only competent personnel <br />to perform services, including licensed attorneys, under this Agreement. Immigrant Defenders <br />shall notify City in writing of any changes in Immigrant Defenders' staff assigned to perform the <br />services under this Agreement prior to any such performance. <br /> <br />15. CONFLICTS OF INTEREST <br /> <br />Immigrant Defenders covenants that neither it, nor any officer or principal of its <br />corporation, has or shall acquire any interest, directly nor indirectly, that would hinder Immigrant <br />Defenders' performance of services under this Agreement. Immigrant Defenders further covenants <br />that in the performance of this Agreement, no person having any such interest shall be employed <br />by it as an officer, employee, agent or subcontractor, without the written consent of City. <br />Immigrant Defenders agrees to avoid conflicts of interest or the appearance of any conflicts of <br />interest with the interests of City at all times during the performance of this Agreement. <br /> <br />16. MISCELLANEOUS <br /> <br />a. Entire Agreement. This Agreement, including all Exhibits, contains the entire <br />agreement between the parties and supersedes whatever oral or written <br />understanding the parties may have had prior to the execution of this Agreement. <br /> <br />b. Modification. No modification or change to the terms of this Agreement will be <br />binding on a party unless in writing and signed by authorized representatives of the <br />parties. <br /> <br />c. Compliance with Laws. Immigrant Defenders shall perform all services described <br />herein in compliance with all applicable federal, state and local laws, rules, <br />regulations, and ordinances, including but not limited to, (i) the Americans with <br />Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) (“ADA”), and any regulations <br />and guidelines issued pursuant to the ADA; and (ii) Labor Code sections 1720, et <br />seq., which require prevailing wages (in accordance with DIR determinations at <br />www.dir.ca.gov) be paid to any employee performing work covered by Labor Code