Reso 2014-2264 - Laserfiche WebLink

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responsibilities. and obligations related to this Agreement, including specifically. but without limitation, where applicable. the Contract Work Hours and Safety- Standards Act. the Lead - Based Paint Poisoning Prevention Act and anv other laws. ordinances and regulations made applicable to this Agreement by the Contract Documents or the source of funds. 39.2 Contractor warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractors performance under this Agreement on account of race. color. sex. religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall. solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 39.3 Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing anv services funded by the Citv. includine Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations. guidelines. and standards. In addition. Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. ARTICLE 40. INDEPENDENT CONTRACTOR The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Consultant. The Citv shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant. other than those set forth in this Agreement. Consultant shall furnish its own transportation. office and other supplies as it determines necessary in carrying out its duties under this Agreement. ARTICLE 41. SUCCESSORS AND ASSIGNS 41.1 The performance of this Agreement shall not be transferred, pledged. sold. delegated or assigned, in whole or in part, by the Contractor without the express written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. 41.2 The Contractor's services are unique in nature and any transference without City approval shall be cause for the City to nullify this Agreement. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding. other security. certified financial statements and tax returns from anv proposed assignee and the execution of an assignment /assumption r��