Laserfiche WebLink
CITY OF SANTA ANA <br /> <br /> <br /> <br /> <br /> <br />null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services <br />which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. <br /> <br />TERMINATION <br />This Contract may be terminated by the City upon thirty (30) days written notice of termination. In such <br />event, Contractor shall be entitled to receive and the City shall pay Consultant compensation for all <br />services performed by Contractor 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 Contractor to deliver <br />to the City all work product(s) completed as of such date, and in such case such work <br />product shall be the property of the City unless prohibited by law, and Consultant consents <br />to the 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 /> <br />WAIVER <br /> <br />No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the <br />provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the <br />breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a <br />waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute <br />a continuing waiver unless the writing so specifies. <br /> <br />I. JURISDICTION - VENUE <br /> <br />This Agreement has been executed and delivered in the State of California and the validity, interpretation, <br />performance, and enforcement of any of the clauses of this Agreement shall be determined and governed <br />by the laws of the State of California. Both parties further agree that Orange County, California, shall be <br />the venue for any action or proceeding that may be brought or arise out of, in connection with or by <br />reason of this Agreement. <br /> <br />II. PROFESSIONAL LICENSES <br />Consultant 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 <br />by the laws and regulations of the United States, the State of California, the City of Santa Ana and all <br />other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to <br />obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be <br />cause for termination of this Agreement. <br /> <br />III. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this contract shall be in writing <br />and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, <br />postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, <br />to the following persons: <br /> <br />To City: <br /> <br />Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) SAMPLECity of Santa Ana RFP No. 23-090A Page 30 of 47 <br />EXHIBIT 1