CHURCH OF THE MESSIAH-2006 - Laserfiche WebLink

Home Browse Search

IV. GENERAL 17. CONFLICT OF INTEREST No person who is an employee, agent, consultant, officer or elected official or appointed official of the City of Santa Ana, who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from this Agreement, or have an interest in any subcontract or agreement with respect hereto, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 18. UNAVOIDABLE DELAYS AND DEF AUL TS The time of completion of this Agreement shall be extended by the number of calendar days which Contractor is prevented from performing work as a result of: inclement weather, acts of Subrecipient or the City not contemplated by this Agreement, the unavailability of workers or materials due to strikes, accident, acts of God, fire, unusual delays in transportation, unavoidable casualties, causes beyond Contractor's control, or any cause which the City may determine justifies the delay. The Contractor shall not be entitled to an extension in the number of calendar days for completion, unless, within five (5) days from the beginning of such delay he notifies the Subrecipient and the City in writing of the causes of the delay, which causes must be acceptable to the City. 19. ARBITRATION CLAUSE All claims or disputes between the Subrecipient and Contractor arising out of or related to the work shall be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association, unless the parties mutually agree otherwise. Initial arbitration fees will be paid in equal shares by the Subrecipient and Contractor, unless otherwise agreed to by the parties. Notice of demand for arbitration shall be filed in writing with the other party, and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator shall be fmal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. If the arbitrator's award is in a sum which is less than that which is offered in settlement by the Contractor, the arbitrator may award costs and arbitration related attorney's fees in favor of the Contractor. If the award of the arbitrator is in a sum greater than that which was offered in settlement by the Subrecipient, the arbitrator may award costs and arbitration-related attorney's fees in favor of the Subrecipient. 20. TIME OF ESSENCE The timeframes set forth in this Agreement are important and of the essence to this Agreement. 6