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11-2268 Authorizing Cooperative Purchase from Dunlap & Associates for Financial Advisory Services
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11-2268 Authorizing Cooperative Purchase from Dunlap & Associates for Financial Advisory Services
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8/6/2013 4:51:51 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
6/27/2011
Doc Number
11-2268
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inure to the benefit of the parties hereto, their heirs, personal representatives, successors and <br />permitted assigns. <br />19. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as. <br />provided herein, if the deadline is not met because of one of the following conditions occurring with <br />respect to that particular project or liarcel, fire, strike, explosion, power blackout, earthquake, <br />volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes anti acts of God. When one <br />of the foregoing conditions Interferes with contract performance, then the panty affected may be <br />excused from performance on a day -for -day basis to the extent sueh party's obligations relate to the <br />performance so interfered With; provided, the party so affected shall use reasonable efforts to <br />remedy or remove such causes of non - performance. The party so affected shall not be entitled to <br />any additional compensation by reason of any day4or -day extension hereunder <br />20. TRUT14- 1N- NEGOT1AT10N. Execution of this Agreement by Consultant shall be deemed <br />certification that the compensation and hourly rates and other expenses or costs to be compensated <br />tinder this Agreement are accurate, complete and current and the time of contracting. The fees and <br />expenses payable under this Agreement shall be adjusted to exclude any significant sums should the <br />City determine that the fees and costs were increased due to inaccurate, incomplete or non- current <br />wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall <br />exercise its rights under this provision within one (1) year following final payment. <br />21. NO CONFLICTS. <br />21.1 Consultant represents that it presently has no interest and shall acquire no interest, <br />either direct or indirect, which would conflict in any manner with its performance under this <br />Agreement. The Consultant further represents that no person having any interest shall be employed <br />or engaged by it for said Services. <br />21.2 Consultant, its officers, personnel, subsidiaries and subcontractors shall not have or <br />hold any continuing or frequently recurring employment, contractual relationship business <br />association or other circumstance, which may influence or appear to influence Consultant's exercise <br />of judgment or quality of the Services being provided under this Agreement. (Consultant, its <br />officers, personnel, subsidiaries aird subcontractors shall not perforce consulting wcirk for any third <br />party that would in any way be in conflict with the Services to be provided to the City under this <br />Agreement, <br />21.3 Consultant, its officers, personnel, subsidiaries and subcontractors shall not, during <br />the term of this Agreement, serve as an expert witness against City in any legal or administrative <br />proceeding unless compelled by court process. Further, Consultant agrees that such persons shall <br />not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, <br />which is adverse or prejudicial to the interests of City or in connection with any pending or <br />threatened legal or administrative proceeding, The limitations of this section shall not preclude <br />such persons from representing therirselves in any action or in any administrative or legal <br />proceeding. <br />21,4 Consultant shall promptly notify the City in writing by certified mail of all potential <br />conflicts of interest or any event described in this Section. Said notification shall identify the <br />prospective business interest or circumstance and the nature of work that Consultant intends to <br />6 4 <br />
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