FULL AGENDA PACKET_2021-04-06 - Laserfiche WebLink

Home Browse Search

To Consultant: Townsend Public Affairs, Inc. Attn: Christopher Townsend, President 1401 Dove Street Suite 330 Newport Bcach, CA 92660 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. Tf sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, iltd-y registered or ecrtified, with postage prepaid, and addressed as set forth above. lfsent by tax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the n,ansnrission report issued by the transmitting facsimile machine, addressed as set lorth above. For purposes ol'calculaling these tintC liantcs, weekends, Icdcral, state, County or City holidays shall be Cxcludcd. 13. EXCLUSIVITY AND AMENDMENT This Agrccincnt rCprescnis the ContplctC and CxclusivC statcntcnt bCUKCell the City and Cottsullant regarding the subject platter herein, and sopCrsedes any and all other agreements, oral or wrinen, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the tarms of this Agrecnrart shall prevail. 'I his Agreement may not be modified except by written insu-ument signed by the City and by an authorized representative of ConsLdLmt- The parties agree that any terns or conditions of any purchase order or other insutuncnt that are inconsistent with, or in addition to, the tcrtns and conditions hereof, shall not bind of obligate Consultant or the City. Each party to this Agreement aclulowledges that no representations, inducements, promises oragreenrenls, orally orotherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Tnasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, u-atrster, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation of subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be consulted to limit the Cily's abilily to have any of the services which are the subject to ibis Agreement perRrnned by City personnel or by other consultants retained by City- 15. WAIVER No waiver of ])reach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or retfredy. No waiver of any breach, tailure or right, or remedy shall be deemed a waiver of any other breach, taihuC, fight or remedy, whether or not similar, nor shall any waiver constiutte a continuing waiver unless the writing so specifics. City Council 30 — 13 4/6/2021 Pagc 6 of 9