R2006-170 AUTHORIZING EXPENDITURE OF CITY FUNDS

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I. Time of Performance and Delays Beyond CONSULTANT'S Control The services of CONSULTANT shall begin upon receipt by CONSULTANT of an executed copy of this Agreement, and except for reasonable causes beyond CONSULTANT'S control, shall be completed within eighteen(18) months of receipt of a signed copy of the Agreement. The completion of services by CONSULTANT shall be, among other things, contingent upon the timely receipt from the CLIENT of the services, data and other reports described in Paragraph C above and in Attachment 3, and upon the timely receipt from the CLIENT of decisions and choices to be made by the staff or units of local government. For the purpose of this Agreement, timely shall mean such decisions and choices are made by the CLIENT and returned to the CONSiTLTANT not more than 10 working days after receipt of request from CONSULTANT. If the required information and/or choices and decisions are not provided in a timely manner, or if the CLIENT requests CONSULTANT to perform EXTRA WORK not now included as part of Attachment 1, the CONSULTANT may find it necessary to suspend work on the PROJECT or a portion of the PROJECT and may extend its time to perform services under this AGREEMENT by the time necessary to compensate for that delay or additional EXTRA WORK or by a change in Component A Scope of Services if agreed to by the CLIENT. CONSULTANT shall not be in default by reason of any failure in performance of this Agreement in accordance of its terms, if such failure arises out of reasonable causes beyond the control and without the fault or negligence of CONSLJL,TANT. Such causes may include, but are not limited to, the CLIENT'S failure to comply with the terms hereof, acts of God, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather. J. Project Administrator The CLIENT shall identify a Project Administrator who shall serve as the primary contact for the CONSULTANT in this assignment. K. Nondiscrimination and Affirmative Action ' CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, I' national origin, or handicap unrelated to the duties of a position of applicants for employment � or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff ' and termination, compensation, selection for training, or participation in recreational and II educational activities. The CONSULTANT actively seeks qualified minorities when filling �, professional,technical and clerical positions. I L. Additional Services If requested and authorized in writing by the CLIENT and approved by CONSULTANT as set forth in Paragraph B above, CONSULTANT will be available to furnish, or obtain from others, ADDITIONAL SERVICES and be compensated for said work beyond the total sum amount of$ 395,955.00 fixed in Paragraph H above. Additional Services are to be requested, in writing,by WORK ORDER(Attachment 5)and can be work of the following type: 1. Additional Services due to changes or the expansion of work described in Attachment 1 including,but not limited to, changes in size, complexity, or character of the work items.