8/10/2016 10:44:34 AM
9/30/2015 9:10:51 PM
Official Document Type
Agenda Item Number
Ecotech Consultants, Inc.
Wetlands Maintenance Services Agreement
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6 . 2 . This Agreement may be terminated : ( a ) by the County , for any reason , upon at least <br /> thirty (30 ) days' prior written notice to the Contractor; or ( b ) by the Contractor, for <br />any <br /> reason , upon at least thirty (30 ) days ' prior written notice to the County ; or ( c) by the <br /> mutual agreement of the parties ; or d ) as may otherwise be provided below . In the event <br /> of the termination of this Agreement , any liability of one party to the other arising out of any <br /> Services rendered , or for any act or event occurring prior to the termination , shall not be <br /> terminated or released . <br /> 6 . 3 . In the event of termination by the County , the County's sole obligation to the <br /> Contractor shall be payment for those portions of satisfactorily completed work under this <br /> Agreement . Such payment shall be determined on the basis of the hours of work <br /> performed by the Contractor, or the percentage of work complete as estimated by the <br /> Contractor and agreed upon by the County up to the time of termination . In the event of <br /> such termination , the County may , without penalty or other obligation to the Contractor, <br /> elect to employ other persons to perform the same or similar services . <br /> 6 . 4 . The obligation to provide services under this Agreement may be terminated by either <br /> party upon seven ( 7 ) days prior written notice in the event of substantial failure by the other <br /> party to perform in accordance with the terms of this Agreement through no fault of the <br /> terminating party . <br /> 6 . 5 . In the event that the Contractor merges with another company , becomes a <br /> subsidiary of, or makes any other substantial change in structure , the County reserves the <br /> right to terminate this Agreement in accordance with its terms . <br /> 6 . 6 . In the event of termination of this Agreement , the Contractor agrees to provide <br /> copies of any and all documents prepared by the Contractor for the County in connection <br /> with this Agreement . <br /> 7 , INDEPENDENT CONTRACTOR . It is specifically acknowledged and agreed by the <br /> parties hereto that the Contractor is and shall be , in the performance of all Services and <br /> activities under this Agreement , an independent contractor, and not an employee , agent , <br /> or servant of the County . All persons engaged in any of the Services performed pursuant <br /> to this Agreement shall at all times , and in all places , be subject to the Contractor' s sole <br /> direction , supervision , and control , The Contractor shall exercise control over the means <br /> and manner in which Contractor and its employees perform the Services , and in all <br /> respects the Contractor' s relationship and the relationship of its employees to the County <br /> shall be that of an independent contractor performing solely under the terms of the <br /> Agreement and not as employees , agents , or servants of the County . <br /> 8 . MERGER , MODIFICATION . This Agreement incorporates and includes all prior and <br /> contemporaneous negotiations , correspondence , conversations , agreements or <br /> understandings applicable to the matters contained herein and the parties agree that there <br /> are no commitments , agreements , or understandings of any nature whatsoever concerning <br /> the subject matter hereof that are not contained in this document . Accordingly , it is agreed <br /> that no deviation from the terms hereof shall be predicated upon any prior or <br /> contemporaneous representations or agreements , whether oral or written . No alteration , <br /> 3 <br />
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