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<br /> <br /> <br />To Consultant: Tom Staroske - CEO To City: City Manager <br /> Aqua Backflow City of Pleasanton <br /> 977 Elizabeth Street P.O. Box 520 <br /> Elgin, IL 60120 Pleasanton, CA 94566 <br /> <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 <br />or 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 /> <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 <br />obtain a City of Pleasanton business license, which must be kept in effect during the term of this <br />Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like <br />required to perform the services under this Agreement. <br /> <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 /> <br />17. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized <br />disclosure and use of City reports, information or conclusions. <br /> <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 <br />Agreement. If such an interest arises, Consultant will immediately notify the City. <br /> <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 /> <br />20. Governing Law. California law shall govern any legal action pursuant to this Agreement with <br />venue in the applicable court or forum for Alameda County. <br /> <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 /> <br />22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated <br />herein. <br /> <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 />Docusign Envelope ID: C28A2C39-714E-400A-AFC0-5A2400EC31E6