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R2018-96 Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07
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R2018-96 Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07
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Last modified
3/11/2021 12:46:49 PM
Creation date
8/8/2018 10:32:34 AM
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Resolution/Ordinance
Res Ord Num
R2018-96
Res Ord Title
Resolution Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07
Department
Public Works
Approved Date
8/6/2018
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ARTICLE 13: APPLICABLE LAWS <br /> 13.1 Statutory and Regulatory Requirements. All applicable Federal and State laws <br /> and the codes, rules and regulations of all authorities having jurisdiction over the performance <br /> of the Project shall apply to this Agreement throughout its term and they will be deemed to be <br /> included in this Agreement the same as though written herein in full. <br /> 13.2 Company's Failure to Comply with Statutory and Regulatory Requirements. The <br /> COMPANY, and its subcontractors shall comply with all laws, rules, regulations and codes <br /> applicable to performance of the Work and the monitoring and training services to be <br /> performed pursuant to Article 6. Except where expressly required by applicable laws and <br /> regulation, the CITY shall not be responsible for monitoring the COMPANY's compliance with <br /> any laws or regulations. When the COMPANY observes conflicting regulatory requirements, it <br /> shall notify the CITY in writing immediately. If the COMPANY performs any of the Work or <br /> other services required by this Agreement knowing or having reason to know that the Work or <br /> such services are contrary to such laws, rules and regulations, the COMPANY shall pay all <br /> costs arising therefrom. <br /> ARTICLE 14: RIGHT TO AUDIT. <br /> The CITY shall have the right, at its expense, to have reasonable access to and audit all of the <br /> COMPANY's records, books, correspondence, instructions, drawings, receipts, vouchers, <br /> memoranda and similar data relating to this Agreement. In addition, the CITY or its authorized <br /> representative shall have access to the COMPANY's facilities and shall be provided adequate <br /> and appropriate work space, in order to conduct audits in compliance with this article; <br /> provided, however, that CITY provides COMPANY with at least thirty (30) days' prior written <br /> notice and CITY cannot conduct more than one such audit per calendar year. <br /> ARTICLE 15: EXECUTION <br /> IN WITNESS WHEREOF, the Parties have executed this Energy Services Agreement <br /> by their authorized signatures as of this 17th day of June, 2013. <br /> THE CITY : - /� THE COMPANY: <br /> BY: 'i ' ; BY: �' <br /> " <br /> Kb'hd-el T. McElrq>y'i, David M. Peters, Regional VP & Gen Mgr. <br /> ATTEST: ATTEST:- <br /> City Clerk Richar-d-W. Smith, Genera FManagbr-, <br /> 20 <br />
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