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25B - CONSULTING SERVICES
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07/19/2010
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25B - CONSULTING SERVICES
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Last modified
1/3/2012 4:02:04 PM
Creation date
7/15/2010 1:25:05 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25B
Date
7/19/2010
Destruction Year
2015
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liability for worker's compensation or to undertake self-insurance. CONSULTANT agrees to comply with <br /> such provisions before commencing the performance of the work under this Agreement. <br /> c. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to <br /> paragraph a., above: <br /> 1. A certificate of insurance, to be approved in form by the City Attorney, shall be furnished <br /> to the City within 30 days of the execution of this Agreement. <br /> 2. Certificates and policies shall state that the policies shall not be canceled or reduced in <br /> coverage or changed in any other material aspect without thirty (30) days prior written <br /> notice to the City. <br /> d. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or <br /> fails or refuses to furnish the City with required proof that insurance has been procured and is in force and <br /> paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such <br /> termination shall not affect CONSULTANT'S right to be paid for its time and materials expended prior to <br /> notification of termination. <br /> 10. TERMINATION <br /> This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days <br /> written notice to the other party. Notice shall be deemed served on the date of mailing. However, <br /> CONSULTANT may not terminate this Agreement if undue hardship will result to any participant. <br /> 11. DISPUTES <br /> Except as otherwise provided in this Agreement, any dispute concerning any question arising <br /> under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and <br /> mail or otherwise furnish a copy thereof to CONSULTANT. The decision of the CITY shall be final and <br /> conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives <br /> from CONSULTANT written request to appeal said decision. <br /> Procedures governing the appeal shall be prescribed by CITY and/or the State of California in <br /> accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of <br /> the appeal, CONSULTANT shall act in accordance with CITY'S decision unless the dispute involves a <br /> change order. <br /> 12. BREACH -SANCTIONS <br /> If, through any cause, CONSULTANT violates any of the terms and conditions of this <br /> <br /> Agreement, and/or prior agreements whereby grant funds were received by CONSULTANT pursuant to this <br /> <br /> Agreement, or if CONSULTANT reports inaccurately or if any Audit Report makes disallowances, <br /> 7 <br /> 25B-9 <br /> <br />
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