Laserfiche WebLink
and <br />Fax 714-647-5635 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714-647-6515 <br />To Contractor: Ocean Blue Environmental Services, Inc. <br />Bill Piekkola <br />925 W. Esther Street <br />Long Beach, CA 90813 <br />Fax 562-624-4127 <br />A party may change its address by giving notice in writing to the other party. Thereafter, any communication <br />shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to <br />have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with <br />postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to <br />have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting <br />facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, <br />County or City holidays shall be excluded. <br />11. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes <br />any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this <br />Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified <br />except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that <br />any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms <br />and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that <br />no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone <br />acting on behalf of any party, which are not embodied herein. <br />12. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not <br />assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such <br />assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. <br />Nothing in this Agreement 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 />13. TERMINATION <br />This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, <br />Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor <br />prior to receipt of such notice of termination, subject to the following conditions: <br />a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work <br />product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by <br />law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of <br />unfinished work product shall be at City's sole risk. <br />4