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R3 Consulting Colantuono Highsmith Whatley solid waste rate structure
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90-2023
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Contracts & Agreements_90-2023
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6/12/2023 8:48:44 AM
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6/12/2023 8:48:10 AM
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Contracts & Agreements
Subject
Consulting Agreement
Details
R3 Consulting Colantuono Highsmith Whatley solid waste rate structure
Date
6/6/2023
Document Number
90-2023
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and in compliance with all local, state, and federal laws, rules, and regulations in <br />any manner affecting the performance of this Agreement, including all Cal/OSHA <br />requirements, the conflict -of -interest provisions of Government Code § 1090 and <br />the Political Reform Act (Government Code § 81000 et seq.). <br />5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform <br />any work for another person or entity for whom Consultant was not working at the <br />Commencement Date if such work would present a conflict interfering with <br />performance under this Agreement. However, Attorney and City may consent in <br />writing to Consultant's performance of such work. <br />5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all <br />personnel required to perform the services identified in the Scope of Services. All <br />such services shall be performed by Consultant or under its supervision, and all <br />personnel engaged in the work shall be qualified to perform such services. Garth <br />Schultz shall be Consultant's project administrator and shall have direct <br />responsibility for management of Consultant's performance under this Agreement. <br />No change shall be made in Consultant's project administrator without Attorney's <br />and City's prior written consent. <br />5.8. Substitution of Personnel. Any persons named in the proposal or Scope of <br />Services constitutes a promise to the Attorney and City that those persons will <br />perform and coordinate their respective services under this Agreement. Should one <br />or more of such personnel become unavailable, Consultant may substitute other <br />personnel of at least equal competence upon written approval of Attorney and City. <br />If the parties cannot agree as to the substitution of key personnel, Attorney may <br />terminate this Agreement for cause. <br />5.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all <br />permits and regulatory approvals necessary for Consultant's performance of this <br />Agreement. This includes, but shall not be limited to, professional licenses. <br />5.10. Notification of Organizational Changes. Consultant shall notify the City, with <br />copy to Attorney, in writing, of any change in name, ownership or control of <br />Consultant's firm or of any subcontractor. Change of ownership or control of <br />Consultant's firm may require an amendment to this Agreement. <br />5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, <br />vouchers, canceled checks, and other records or documents evidencing or relating <br />to charges for services or expenditures and disbursements charged to Attorney <br />and/or City under this Agreement for a minimum of three years, or for any longer <br />period required by law, from the date of final payment to Consultant under this <br />Agreement. All such documents shall be made available for inspection, audit, <br />and/or copying at any time during regular business hours, upon oral or written <br />request of Attorney. In addition, pursuant to Government Code Section 8546.7, if <br />the amount of public funds expended under this Agreement exceeds $10,000, all <br />such documents and this Agreement shall be subject to the examination and audit <br />3 <br />I:\cmo\Agreements\R3 Rate Structure FY22-0165.docx - AR <br />
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