Laserfiche WebLink
degree by the performance of Consultant's Services Consultant further covenants and <br /> represents that in the performance of its duties hereunder, no person having any such <br /> interest shall perform any Services under this Agreement <br /> 72 Consultant acknowledges that it serves in a "staff capacity" with City and, in that <br /> capacity, performs the same or substantially the same duties for City that would <br /> otherwise be performed by an individual holding a position specified in City's Conflict of <br /> Interest Code under Government Code section 87302 Accordingly, Consultant must <br /> disclose its financial interests and shall complete and file a Fair Political Practices <br /> Commission Form 700, Statement of Economic Interests, with the City Clerk's office <br /> pursuant to the written instructions provided by the City Clerk, prior to commencement <br /> of the Services <br /> ARTICLE 8—GENERAL CONSIDERATIONS <br /> 8 1 In the event any action is commenced to enforce or interpret any of the terms or <br /> conditions of this Agreement the prevailing Party shall, in addition to any costs and other <br /> relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the <br /> use of in-house counsel by a Party <br /> 82 Consultant shall not assign any of the Services, except with the prior written approval of <br /> City and in strict compliance with the terms and conditions of this Agreement <br /> 83 Records, drawings, designs, cost estimates, electronic data files, databases and any other <br /> documents developed by Consultant in connection with its performance of the Services, <br /> and any copyright interest in such documents, shall become the property of City and shall <br /> be delivered to City upon completion of the Services, or upon the request of City Any <br /> reuse of such documents, and any use of incomplete documents, shall be at City's sole <br /> risk <br /> 84 Consultant is for all purposes under this Agreement an independent contractor and shall <br /> perform the Services as an independent contractor Neither City nor its agents shall have <br /> control over the conduct of Consultant or Consultant's employees, except as herein set <br /> forth Consultant shall supply all necessary tools and instrumentalities required to <br /> perform the Services Assigned personnel employed by Consultant are for its account <br /> only, and in no event shall Consultant or personnel retained by it be deemed to have been <br /> employed by City or engaged by City for the account of, or on behalf of City Consultant <br /> shall have no authority, express or implied, to act on behalf of City in any capacity <br /> whatsoever as an agent, nor shall Consultant have any authority, express or implied, to <br /> bind City to any obligation <br /> 8.5 This Agreement may be terminated by City, in its sole discretion, by providing not less <br /> than five (5) days prior written notice to Consultant of City's intent to terminate If this <br /> Agreement is terminated by City, an adjustment to Consultant's compensation shall be <br /> made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, <br /> and (2) any payment due Consultant at the time of termination may be adjusted to the <br /> 4 <br /> L IcaldimlAgreements\PD City Network Support Agmt 12.21 2018 Rev2.doc <br />