Laserfiche WebLink
I S 1 1 (9111/18) <br />7 3 In the event City determines that Consultant must disclose its financial interests, Consultant <br />shall complete and file a Fair Political Practices Commission Form 700, Statement of <br />Economic Interests, with the City Clerk's office pursuant to the written instructions provided <br />by the City Clerk <br />ARTICLE 8 — GENERAL CONSIDERATIONS <br />8 I In the event any action is commenced to enforce of interpret any of the terms of conditions of <br />this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled <br />to the recovery of its reasonable attorneys fees, including fees for the use of in-house counsel <br />by a Party <br />8 2 Consultant shall not assign any of the Services, except with the prior written approval of City <br />and in sti ict compliance with the terms and conditions of this Agreement Any assignment or <br />attempted assignment without such prior wi ttten consent may, in the sole discretion of City, <br />results in City's immediate termination of this Agreement <br />8 3 Consultant is foi all purposes undei this Agreement an independent contractoi and shall <br />peifoim the Services as an independent contractoi Neithei City noi its agents shall have <br />control ovei the conduct of Consultant of Consultant's employees, except as herein set forth <br />Consultant shall supply all necessary tools and instrumentalities required to perform the <br />Services Assigned personnel employed by Consultant are foi its account only, and in no event <br />shall Consultant or personnel retained by it be deemed to have been employed by City or <br />engaged by City foi the account of, or on behalf of City Consultant shall have no authority, <br />express o1 implied, to act on behalf of City in any capacity whatsoevei as an agent, noi shall <br />Consultant have any authoi ity, express of implied, to bind City to any obligation <br />8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than <br />five (5) days prior wiitten notice to Consultant of City's intent to terminate If this Agreement <br />is terminated by City, an adjustment to Consultant's compensation shall be made, but (I) no <br />amount shall be allowed fot anticipated profit of unperformed Services, and (2) any payment <br />due Consultant at the time of termination may be adjusted to the extent of any additional costs <br />to City occasioned by any default by Consultant Upon receipt of a termination notice, <br />Consultant shall immediately discontinue its provision of the Services and, within five (5) days <br />of the date of the termination notice, deliver or otherwise make available to City, copies (in <br />both hard copy and electronic form, where applicable) of project related data, design <br />calculations drawings, specifications, reports, estimates, summaries and such othei <br />infoimation and materials as may have been accumulated by Consultant in petfoiming the <br />Services Consultant shall be compensated on a pro-rata basis fot Services completed up to the <br />date of termination <br />8 5 Consultant shall maintain books, ledgers, invoices accounts and othei records and documents <br />evidencing costs and expenses related to the Services for a period of three (3) years, of for any <br />longei period required by law from the date of final payment to Consultant pursuant to this <br />Agreement Such books shall be available at reasonable times for examination by City at the <br />office of Consultant <br />i. \ealdlcn\AgreemLnts\kOA Agreement 12 13 18 doe <br />4 <br />