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06
City of Pleasanton
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CITY CLERK
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2022
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051722
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5/11/2022 9:59:24 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/17/2022
EXPIRATION DATE
5/17/2037
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13. Notices. All notices herein required shall be in writing and shall be sent by certified or registered <br /> mail, postage prepaid,addressed as follows: <br /> To Consultant: Kevin J Duggan To City: City Manager <br /> 4Leaf,Inc. City of Pleasanton <br /> 2126 Rheem Drive P.O. Box 520 <br /> Pleasanton, CA 94588 Pleasanton, CA 94566 <br /> 14. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State,and <br /> Municipal laws,rules,and ordinances. Consultant shall not discriminate in the employment of persons or <br /> in the provision of services under this Agreement on the basis of any legally protected classification, <br /> including race,color,national origin, ancestry, sex or religion of such person. <br /> 15. Licenses,Certifications and Permits. Prior to the City's execution of this Agreement and prior to <br /> the Consultant's engaging in any operation or activity set forth in this Agreement,Consultant shall obtain <br /> a City of Pleasanton business license,which must be kept in effect during the term of this Agreement. <br /> Consultant covenants that it has obtained all certificates, licenses,permits and the like required to perform <br /> the services under this Agreement. <br /> 16. Records and Audits. Consultant shall maintain all records regarding this Agreement and the <br /> services performed for a period of three years from the date that final payment is made. At any time <br /> during normal business hours,the records shall be made available to the City to inspect and audit. <br /> 17. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized <br /> disclosure and use of City reports, information or conclusions. <br /> 18. Conflicts of Interest. Consultant covenants that other than this Agreement,Consultant has no <br /> financial interest with any official,employee or other representative of the City. Consultant and its <br /> principals do not have any financial interest in real property, sources of income or investment that would <br /> be affected in any manner of degree by the performance of Consultant's services under this Agreement. <br /> If such an interest arises, Consultant will immediately notify the City. <br /> 19. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by <br /> the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, <br /> whether of the same or of any other covenant, condition or obligation. <br /> 20. GoverninE Law. California law shall govern any legal action pursuant to this Agreement with venue <br /> in the applicable court or forum for Alameda County. <br /> 21. No Personal Liability. No official or employee of City shall be personally liable to Consultant in <br /> the event of any default or breach by the City or for any amount due Consultant. <br /> 22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated <br /> herein. <br /> 23. Counterparts and Electronic Signatures. This Agreement may be executed in multiple <br /> counterparts, each of which shall be an original and all of which together shall constitute one <br /> agreement. Counterparts may be delivered via facsimile, electronic mail(including pdf or any electronic <br />
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