2019/11/27 Council Agenda Packet

In the event of termination of the Contract, the City may require that the Contractor prepare a transition plan in the accordance with some or all of the requirements of this section 36.0 37.0 Federal Debarment for Primes and all Subcontractors. Contractor shall immediately notify the City of any suspension or debarment or other action that excludes the Contractor and any subcontractor from participation in Federal contracting. Contractor shall verify all subcontractors that are intended and/or used by the Contractor for performance of City work are in good standing and are not debarred, suspended or otherwise ineligible by the Federal Government. Debarment shall be verified at https://www.epls.gov/eels/search.do. The Contractor shall keep proof of such verification within the Contractor records. 38.0 Supervision and Coordination. Contractor shall: • Competently and efficiently, supervise and direct the implementation and completion of all contract requirements specified herein. • Designate to Everett, a representative(s) with the authority to legally commit Contractor's firm. All communications given or received from the Contractor's representative shall be binding on the Contractor. • Promote and offer to Purchasers only those materials, equipment and/or services as stated herein and allowed for by contractual requirements. Violation of this condition will be grounds for contract termination. 39.0 Involvement of Former City Employees Contractor shall promptly notify Everett in writing of any person who is expected to perform any of the Work and who, during the twelve (12) months immediately prior to the expected commencement date of such work or subcontract, was a City officer or employee. . 40.0 Anti-Trust Overcharges. Everett maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore the Contractor hereby assigns to Everett any and all claims for such overcharges except overcharges which result from antitrust violations commencing after the price is established under this contract and which are j not passed on to Everett under an escalation clause. 41.0 No Conflict of Interest. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 42.0 No Gifts or Gratuities. Contractor shall not directly or indirectly offer anything of value (such as retainers, loans, entertainment, favors, gifts, tickets, trips, favors, bonuses, donations, special discounts, work or meals)to any City employee, volunteer or official, that is intended, or 4i 27 of 34 70