|
that Consultant's compliance with any request by Client to governed by the laws of the State of Illinois.
<br /> address or otherwise release any portion of the work
<br /> product to a third party shall not modify, rescind,waive,or 6.8 Entire Agreement
<br /> otherwise alter provisions of this Agreement nor does it This Agreement, along with those documents specified,
<br /> create or confer any third party beneficiary rights on any attached, or hereby cited together, and serially numbered
<br /> third party. Work Authorizations if used, constitute the entire
<br /> Agreement between the parties hereto and no changes,
<br /> SECTION 6-Miscellaneous Provisions modifications, extensions, terminations, or waivers of this
<br /> 6.1 Notices Agreement, or other documents, or any of the provisions
<br /> Any notice to either party herein shall be in writing and shall herein, or therein contained, shall be valid unless made in
<br /> Aeservedy toh writing and signed by duly authorized representatives of
<br /> personally or by registered or certified mail both parties.
<br /> addressed to the signing party shown on the signature
<br /> page. 6.9 Iran Divestment Act Certification
<br /> 6.2 Joint Preparation The Consultant certifies that the Consultant is not listed on
<br /> the Final Divestment List created bythe State Treasurer
<br /> For purposes of contract interpretation and for the purpose
<br /> of resolving any ambiguity in this Agreement, the parties pursuant to N.C.G.S. 147-86.58(the Final Divestment List)
<br /> and the Consultant will not utilize any subconsultants
<br /> agree that this Agreement was prepared jointly by them
<br /> and/or their respective attorneys. performing work under this Contract which is listed on the
<br /> Final Divestment List. The Final Divestment List can be
<br /> found on the State Treasurer's website at the address
<br /> 6.3 Headings www.nctreasurer.com/Iran and should be updated every
<br /> Headings used in this Agreement are for the convenience 180 days.
<br /> of reference only and shall not affect the construction of this
<br /> Agreement
<br /> 6.10 Non-Discrimination in Employment
<br /> 6.4 Severability The Consultant will not discriminate again any employee or
<br /> applicant for employment because of age,sex,race,creed,
<br /> If any of the provisions contained in this Agreement are held national origin or disability. In the event Consultant is
<br /> for any reason to be invalid,illegal,or unenforceable in any determined by the final order of an appropriate agency or
<br /> respect,such invalidity,illegality,or unenforceability will not court to be in violation of this provision or any non-
<br /> affect any other provision, and this Agreement shall be discrimination provision of federal, state or local law, this
<br /> construed as if such invalid, illegal, or unenforceable Contract may be suspended or terminated, in whole or in
<br /> provision had never been contained herein. part by the County. In addition, the Consultant may be
<br /> declared ineligible for further contracts with the County.
<br /> 6.5 Dispute Resolution The Consultant shall state in all solicitations or
<br /> If negotiation in good faith fails to resolve a dispute within advertisements for employees place by or on behalf of the
<br /> thirty (30) days of written notice of the dispute by either Consultant that the Consultant is an equal employment
<br /> party, then the parties agree that, with the exception of opportunity employer. Notices, advertisements, and
<br /> claims that are subject to the applicable venue's small solicitations placed in accordance with federal law, rule,or
<br /> claims court jurisdiction,each dispute,claim or controversy regulation shall be deemed sufficient compliance with this
<br /> arising from or related to this Agreement or the relationships provision. The Consultant will include this provision in every
<br /> which result from this Agreement shall be subject to subcontract over$10,000.00 so that the provisions will be
<br /> litigation in a court of competent jurisdiction in the state in binding upon each subcontract.
<br /> which the project is located.
<br /> 6.11 Drug-Free Workplace
<br /> During the pendency of any dispute, the parties shall During the performance of this agreement, the Consultant
<br /> continue diligently to fulfill their respective obligations agrees to (i) provide a drug-free workplace for its
<br /> hereunder. employees; (ii) post in conspicuous places, available to
<br /> employees and applicants for employment, a statement
<br /> 6.6 Compliance with E-Verifv Requirements notifying employees of the unlawful manufacture, sale,
<br /> The Consultant and any of its subconsultants must comply distribution,dispensation,possession,or use of a controlled
<br /> with the requirements of Article 2 of Chapter 64 of the North substance or marijuana is prohibited in its workplace and
<br /> Carolina General Statutes, if applicable, which requires specifying the actions that will be taken against employees
<br /> certain employers to verify the work authorization of each for violations of such prohibitions,(iii)state in all solicitations
<br /> newly hired employee through the federal E Verify program or advertisements for employees placed by or on its behalf
<br /> operated by the United States Department of Homeland that it maintains a drug-free workplace; (iv) include the
<br /> Security and other federal agencies. provisions of the foregoing clauses in every subcontract or
<br /> purchase order of over $10,000.00 so that the provisions
<br /> 6.7 Governing Law will be binding upon each subconsultant or vendor.
<br /> This Agreement is to be governed by the laws of the
<br /> jurisdiction in which the project is located. For locations 6.12 Divestment from Companies that Boycott Israel
<br /> outside of the United States, this Agreement shall be Consultant certifies that(a)it is not identified on the Israel
<br /> Lee Co Parks&Rec Consulting Agnnnt
<br /> February 2021
<br />
|