|
To Consultant:
<br />
<br />Timberline Environmemal Services
<br />29925 Highway 108
<br />Cold Springs, California 95335
<br />Tetefacsimile (209)9654721
<br />
<br />Attn: Jill E. Northcutt
<br />
<br />EXCLUSIVITY AND AMENDMENT
<br />
<br /> This .a~reement represents the complete and exclusive statemem between the City and
<br />Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
<br />the event of a conflict bev0veen the terms of this Agreement and any attachments hereto, the
<br />terms of this Agreement shall prevail. This Agreement may not be modified except by written
<br />instrument sis~ned by the City and by an authorized representative of Consultant. The parties
<br />agree that any terms or conditions of any purchase order or other instrument that are inconsistent
<br />with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
<br />the 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 a~Jng on
<br />behalf of any party, which are not embodied herein.
<br />
<br />9. ASSIGNMENT
<br />
<br /> Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
<br />Consultant nury not assign, transfer, delegate, or subcontract any interest herein without the prior
<br />written consent of the City and any such assignment, transfer, delegation or subcontract without
<br />the City's prior written consent shall be considered null and void. Nothing in this Agreement
<br />shall be construed to limit the City's ability to have any of the services which are the subject to
<br />this Agreement performed by City personnel or by other consultants retained by City.
<br />
<br />10. DISCRIMINATION
<br />
<br /> Consuiltant shall not discriminate because of race, color, creed, religion, sex, marital
<br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
<br />by applicable kaw, in the recruitment, selection, training, utilization, promotion, terrednation or
<br />other employment related activities. Consultant affirms that it is an equal opportunity employer
<br />and shall comply with all applicable federal, state and local laws and regulations.
<br />
<br />11. JURISDICTION- VENU~
<br />
<br /> This Agreement and all questions relating to its validity, imerpretafion, performance, and
<br />enforcement shall be governed and construed in accordance with the laws of the State of
<br />California. Both parties further agree that Orange Comqty, California, shall be the venue for any
<br />action or proca,,eding that may be brought or arise out of, in connection with or by re, on of this
<br />Agreement.
<br />
<br />
<br />
|