|
14. Compliance with Other Laws. The City shall comply with all other applicable
<br />federal, state and local laws, rules, and regulations in performing this Agreement.
<br />15. Compliance with Grant Tenns and Conditions The City shall comply with any
<br />and all conditions, terms and requirements of any federal, state or other grant, if any, that wholly
<br />or partially funds the City's work hereunder.
<br />16. Prohibition of Contingency Fee Arrangements The City warrants that it has not
<br />employed or retained any company or person, other than a bona fide employee working solely
<br />for the City, to solicit or secure this Agreement and that it has not paid or agreed to pay any
<br />company or person, other than a bona fide employee working solely for the City, any fee,
<br />commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or
<br />resulting from the award or making of this Agreement For breach or violation of this warranty,
<br />the County shall have the right to terminate this Agreement without liability or, in its discretion,
<br />to deduct from the Agreement price or consideration, or otherwise recover, the full amount of
<br />such fee, commission, percentage, brokerage fee, gift or contingent fee.
<br />17. Force Majeure. If either party is unable to perform any of its obligations under this
<br />Agreement as a direct result of an unforeseeable event beyond that party's reasonable control,
<br />including but not limited to an act of war, act of nature (including but not limited to earthquake
<br />and flood), embargo, riot, sabotage, labor shortage or dispute (despite due diligence in obtaining
<br />the same), or governmental restriction imposed subsequent to execution of the Agreement
<br />(collectively, a "force majeure event"), the time for performance shall be extended by the
<br />number of days directly attributable to the force majeure event Both parties agree to use their
<br />best efforts to minimize the effects of such failures or delays.
<br />18. Suspension of Work. The County may, at any time, instruct the City in writing to
<br />stop work effective immediately, or as directed, pending either further instructions from the
<br />County to resume the work or a notice from the County of breach or termination under Section
<br />19 of this Agreement
<br />19. Non -Waiver of Breach; Teunination
<br />a The failure of the County to insist upon strict performance of any of the
<br />covenants or agreements contained in this Agreement, or to exercise any option conferred by this
<br />Agreement, in one or more instances shall not be construed to be a waiver or relinquishment of
<br />those covenants, agreements or options, and the same shall be and remain in full force and effect.
<br />b. If the City breaches any of its obligations hereunder, and fails to cure the same
<br />within five (5) business days of written notice to do so by the County, the County may terminate
<br />this Agreement, in which case the County shall pay the City only for the services and
<br />corresponding reimbursable expenses, if any, accepted by the County in accordance with
<br />Sections 3 and 8 hereof.
<br />c The County may terminate this Agreement upon five (5) business days' written
<br />notice to the City for any reason other than stated in subparagraph b above, in which case
<br />CARES ACT FUNDING AGREEMENT
<br />WITH CITY OF EVERETT
<br />(July 2013 edition)
<br />Page 6 of 14
<br />
|