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2009/04/01 Council Agenda Packet
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2009/04/01 Council Agenda Packet
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Council Agenda Packet
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4/1/2009
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1 <br /> U <br /> requested by the City, copies of receipts and invoices; and (c) comply with all applicable <br /> provisions of this Agreement. <br /> B. All requests for payment should be sent to: <br /> City of Everett <br /> Attn: Carol Thomas <br /> 2930 Wetmore Ave., 10-A <br /> Everett, WA 98201 <br /> 7. Submission of Reports and Other Documents. The Artist shall submit all reports and <br /> other documents specified in Exhibit A. Artist is specifically required to submit all information <br /> required in this Agreement not later than 9/30/2009. Said information shall be subject to review <br /> by the City, and if found to be unacceptable, Artist shall correct and deliver to the City any <br /> deficient Work or Artwork at Artist's expense with all practical dispatch. Artist shall abide by <br /> the City's determinations concerning acceptability of Work and Artwork. <br /> 8. Termination of Contract. City reserves the right to terminate this Agreement at any time <br /> by sending written notice of termination to Artist ("Notice"). If the termination is due to any <br /> breach or default by the Artist, the City shall first notify the Artist of the breach or default, and <br /> allow the Artist a reasonable period of time to cure the default or breach. The Notice shall <br /> specify a termination date ("Termination Date") at least fourteen (14) days after the date the <br /> Notice is issued. The Notice shall be effective ("Notice Date") upon the earlier of either actual <br /> receipt by Artist (whether by fax, mail, delivery or other method reasonably calculated to be <br /> received by Artist in a reasonably prompt manner) or three calendar days after issuance of the <br /> Notice. Upon the Notice Date, Artist shall immediately commence to end the Work in a <br /> reasonable and orderly manner. Unless terminated for Artist's material breach, the Artist shall be <br /> paid or reimbursed for: (a) all hours worked and Eligible Expenses incurred up to the Notice <br /> Date, less all payments previously made; and (b) those hours worked and Eligible Expenses <br /> incurred after the Notice Date, but prior to the Termination Date, that were reasonably necessary <br /> to terminate the Work in an orderly manner. The Notice shall be sent by the United States Mail <br /> to Artist's address provided herein, postage prepaid, certified or registered mail, return receipt <br /> requested, or by delivery. In addition, the Notice may also be sent by any other method <br /> reasonably believed to provide Artist actual notice in a timely manner, such as fax. The City does <br /> not by this section waive, release or forego any legal remedy for any violation, breach or non- <br /> performance of any of the provision of this Agreement. At its sole option, City may deduct from <br /> the final payment due the Artist (a) any damages, expenses or costs arising out of any such <br /> violations, breaches, or non-performance and (b) any other backcharges or credits. <br /> 9. Changes. The City may, from time to time, unilaterally make reasonable changes to the <br /> scope of the services of the Artist to be performed hereunder, but in such case, the Artist shall be <br /> entitled to an equitable adjustment of compensation and schedule. Such changes, including any <br /> increase or decrease in the scope of work (and resulting increase or decrease in compensation), <br /> shall: (a) be made only in writing and signed by an authorized City representative, (b) be <br /> explicitly identified as a Change Order and (c)become a part of this Agreement. <br /> w� <br />
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