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<br /> RFP 95-009
<br /> 24. DELEGATION, SUBCCNrRACTS, ASSIGNHEN'l', J\ND SET-OFF: The Contr3,:tc.r will not, with~ut writte;:-, -:;-.,r.3er,: ",: tt..e '." CHkr
<br /> a~y contract with any ~ther entlty for furnishing any of the s~rvi~es c~v~c~~ by this c~n:r3=t ~r as3:~~ this :: - :: 3-:;-:,
<br /> i r, '..,hole <::>r:: in part, ç.r any r:: i~¡-,:: hereunder. The City m,ay set-off a~.3.lnst the amount pa:¡~c:~ tc:. 3e./ ~"rs:,r. -"". t e,~
<br /> -:;:-r.tract any claim or:: char~e it may have against the Cc.ntrac::.oc.
<br /> 25. 'RAIVER: No claim or eight arising out of a br~ach of the contract can be dischar~ed i n '~'~.,::> 1 e .-:- r in part by a ~!.lvè:
<br /> or renunciation of the claim or right unless the waiver or renunciatior. is supported by c~nsidera-:icn and is ie. '.':i-:ie.;
<br /> and signed by both parties.
<br /> 215. NOV1>æION J\ND caANGE OF NAME AGREEHEN'l'S: The Contractor is responsible for the performance of t!'Üs -:-çmtra c:. :::.- <:;O,E
<br /> e t a change of name change of ownership is requir~d pursuant to action initiated by the C:ntrac::or, tn" Ci:~ ~:::rn~~
<br /> w be notified in writing immedia:ely. No change in the obligation of the Contractor will be reç.:ognize.:I ur.til s'~=~ :r.anq~
<br /> i ::>proved by the City Attorney. A fee of one hundred dollars (SlOO.OO) per contract, payable t~ the City, will be :::.3r.e=
<br /> t..- '::ontractor for administrative costs in processing each change under this provision. The contract will then be ¡-:::fie':::
<br /> to reflect the change.
<br /> 27. FORCE MAJEURE: In the event that the performance by either party of any of its obligati~~s or und-=rëakings i".e;r'Ô'cr.der
<br /> will be interrupted or delayed by any occuC!:ence not occasioned by its ,~wn conduct, whether s~~h occurrence be an '-=t 0:
<br /> ~~ or the common enemy or the result of war, riot, or civil COrru:\ot ion, then it will be excusej from such perforc'-~:~ for
<br /> such period of time as is reasonably necessary after such occurrence to remedy the effects :~.eceof.
<br /> 28. TERMINATION FOR DEFAULT: Failure by either party to the contract to perform any of i:s provisions will c-:O:.z-:i-:ute
<br /> a breach of contract, in ""hich case, the other party may require corrective action ~ithin ten (10) days fco~ date of ca:ei~t
<br /> of -..,ritten notice citing the exao::t nature of such breach. Failure to take corceçtiv'! ac:::.n or fa~l:Jr~ :': ;:r:':::le a
<br /> satisfactory written reply excusing such failure within the prescribec ten (10) calendar days -....iil cç,ns:itut'" :; :a:a'Jl:
<br /> of contract.
<br /> 29. TERMINATION FOR CONVENIENCE: The City res,!C"Jes the riqht to terminate this contract u,en thirty [3(;) da:,'s -.'oitt"",
<br /> notice for any reason dee~ed by City Council to serve the publi': interest. Tecmination for c:~ve"ien~e will r.,:t :a .-:\ade
<br /> w~en termination is authorized under any other provisions of this contr:;ct, and no such termi~ation.fcr convenie~:a ~il!
<br /> be taken ~ith the intention of :;wardinq the same or similar contract requirements to an7ther s:~rce. In the eve..t . - s'-'co:-.
<br /> termination the City will pay the Contractor those costs directly attributable to services and su;:,pl ies re.:e: ':aj ie.
<br /> co~pliance with the contract prior to termination. Provided, howeve r, that no costs will be çaid to the contract:: w~ich
<br /> are recoverable in the normal course of doing business in which the Contractor is engaged, or c:sts which can be mi::.atec
<br /> through the sale of su~plies or inventories. The City will not be liable for loss of any profits anticipated to .::e; made
<br /> hereunder.
<br /> 32. HUB POLICY: It 1S the City's policy that in regard 1:0 any contract entered into pursuant to this solici-.,--:ion,
<br /> minority business enterprises will be afforded equal opportuni1:ies to submit bids in response to ::.his solicitation a~: will
<br /> not be discriminated against On the grounds of race, color, sex, rel igion, national origin, a'Je, or çhysiçal dis,-=ility
<br /> in consideration for an aw:;rd. The proponent warrants that upon execution of the contract with the Ci ty, it will roo: ar.gage
<br /> in e~plo~~ent practices which have the effect of discriminating against employees or prospective employees because :: age,
<br /> religion, race, color, sex, creed, disability, or national origin and will submit reports as the City may thereafter =a~uire
<br /> to assure compliance.
<br /> 3 OFIDER OF PRECEDENCE: In the event of inconsistency between provisions of this solicita::.ion, the inconsiste~:: ~ill
<br /> b- ~solved by giving precedence in the following descending order:
<br /> A. the proposal sheet;
<br /> B. the specifications;
<br /> C. the supplemental conditions;
<br /> D. the terms and conditions of Request for Proposals (RE'P's)
<br /> E. other provisions, whether incorporated by reference or otherwise.
<br /> 34. ~ ST1'«JCT I ON: Except as provided otherwise, words will be given their ordinary meaning. If a word is conneç:e;= and
<br /> used with ceference to a particular trade or subject matter or is used as a term of art, the -....ocd will have the :-,;;a:11ng
<br /> given to it in that particular trade, subject matter, or art. Words in the present or past tense in:::lude the future :e:1se.
<br /> The singular includes the plural and the plural includes the singular unless expressly provided o'ther..,ise. The ~,a5::;line
<br /> gender includes the feminine and neuter genders. The headings at the beginning of the various ?rovisions of this c:r::ract
<br /> have been included only in order to make it easier to locate the subject covered by each provision are ;,\ot to ce '_5e;d in
<br /> construing this contract.
<br /> 35. ENTIRET'! OF AGREEMDI'l' AND MODIFICATION: This represents the entire agreement between the parties relating :~ the
<br /> rights herein granted and the obligations herein assumed. Any prior agceements, promises, negotiations, or represe~-:=:ions
<br /> not expressly authorized by the governing body of such party. No official, representative, emp~oyee, or agen1: of ::-.a City
<br /> has the authority to modify or amend this contract except pursuant to specific authority to do so granted by t~.e; Ci ty
<br /> Council.
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