City’s Rights and Responsibilities. 5.1. The City will designate a Project Manager to facilitate day-to-day communication between Consultant and the City, including timely receipt and processing of invoices, requests for information, and general coordination of City staff to support the Project.
5.2. Award of this contract is subject to budget appropriation. Funds are approved for Fiscal Year 2022-23. If not completed within this fiscal year, funds may not be appropriated for the next fiscal year. The City also reserves the right to terminate this contract early, as described in Section 15.
City’s Rights and Responsibilities. 9.1. The City will designate a Project Manager to facilitate day-to-day communication between Contractor and the City, including timely receipt and processing of invoices, requests for information, and general coordination of City staff to support the Project.
9.2. If applicable, the City will pay the required Bureau of Labor and Industries fee of one/tenth of one percent (0.1%) of the Contract Sum, or as required by statute.
9.3. The City reserves the right to reject any bid or to refuse delivery of materials or services at or from any manufacturer, supplier, or contractor with which the City has reasonable grounds to believe is or may be operating in violation of any local, state, or federal law or which is the subject of pending litigation.
9.4. If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the City may, but shall not be obligated to, pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of the Contract. The payment of a claim in the manner authorized hereby shall not relieve Contractor or its surety from the obligation with respect to any unpaid claim. If the City is unable to determine the validity of any claim for labor or services furnished, the City may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined, and the claim, if valid, is paid by Contractor or the City. There shall be no final acceptance of the Work under the Contract until all such claims have been resolved.
9.5. Award of this Contract is subject to budget appropriation. Funds are approved for Fiscal Year 2023-24. If not completed within this fiscal year, funds may not be appropriated for the next fiscal year. The City also reserves the right to terminate this Contract early, as described in Section 22.
City’s Rights and Responsibilities. City reserves and retains, solely and exclusively, all rights of management which have not been expressly abridged by a specific provision of this MOU and all of its common law rights to manage the City, as such rights existed prior to the execution of this or any previous agreement with the Union or any other union or employee organization. The sole exclusive rights of management, which are not abridged by this MOU, shall include (but are not limited to) the following rights: To manage the municipality generally and to determine issues of policy; to determine the existence or nonexistence of facts which are the basis of a management decision; to determine the necessity and organization of any service or activity conducted by the City and expand or diminish services; to determine the nature, manner, and extent of services to be provided to the public; methods of financing; types of equipment to be used; to establish, continue, discontinue or modify policies, practices or procedures; to determine and change the facilities, methods, means and personnel by which City operations are to be conducted; to determine and change the number of locations, relocations, and types of operations, and the processes and materials to be included in carrying out all City functions including (but not limited to) the right to contract for or subcontract work or operation; without prejudice to the right of the employee organization to thereafter meet and confer on the effect thereof; to determine the size and composition of the work force, to assign work to employees in accordance with the requirements as determined by the City, to establish and change work schedules and assignments and to establish the days and hours during which employees shall work; to relieve employees from duty for lack of work or similar nondisciplinary reasons; to, in lieu of layoffs, establish schedules which share work among employees in a given department or departments; to determine the order of layoffs in accordance with the Personnel Rules and Regulations of the City; to establish and/or modify productivity programs and standards; to discharge, suspend or otherwise discipline employees for proper cause; to determine job classifications and to reclassify employees; to hire, transfer, promote and demote employees for nondisciplinary reasons; to determine policies, procedures and standards for selection, training and promotion of employees; to establish employee performance standards including (but not...
City’s Rights and Responsibilities. 5.1. The City will designate a Project Manager to facilitate day-to-day communication between Pro Tem Judge and the City, including timely receipt and processing of invoices, requests for information, and general coordination of City staff to support the Project.
5.2. Award of this contract is subject to budget appropriation. Funds are approved for Fiscal Year 2021-22. If not completed within this fiscal year, funds may not be appropriated for the next fiscal year. The City also reserves the right to terminate this contract early, as described in Section 13.
City’s Rights and Responsibilities. 5.1. The City will designate a Project Manager to facilitate day-to-day communication between Consultant and the City, including timely receipt and processing of invoices, requests for information, and general coordination of City staff to support the Project.
City’s Rights and Responsibilities. 32.1 It is recognized by the parties that the government and management of the City, the control and management of its properties and the maintenance of municipal functions and operations are reserved by the City and that all legal prerogatives of the City shall be paramount and shall be solely the City’s right and responsibility. Such rights and responsibilities belonging solely to the City are hereby recognized, prominent among which, but by no means wholly inclusive are: All rights involving public policy and the right to assign personnel to various duties with the Police Department. It is further recognized that the selection and direction of the working forces including the right to hire, suspend or discharge, assign, promote or transfer, to determine the hours of work and to relieve employees from duty because of the lack of work are solely the responsibilities of the City. The City agrees that it shall exercise these rights in conformity with the terms of the Agreement as they pertain hereto.
City’s Rights and Responsibilities. 4.1. The City will designate a Project Manager to facilitate day-to-day communication between Contractor and the City, including timely receipt and processing of invoices, requests for information, and general coordination of City staff to support the Project.
4.2. The City hereby certifies that sufficient funds are available and authorized to finance the Contract Sum set forth in Section 5 of this Contract.
4.3. The City will pay the required Bureau of Labor and Industries fee of one/tenth of one percent (0.1%) of the Contract Sum, or as required by statute.
4.4. The City reserves the right to reject any subcontractor or to refuse delivery of materials or services at or from any manufacturer, supplier, or contractor with which the City has reasonable grounds to believe is or may be operating in violation of any local, state, or federal law or which is the subject of pending litigation.
4.5. If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the City may, but shall not be obligated to, pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of the Contract. The payment of a claim in the manner authorized hereby shall not relieve Contractor or its surety from the obligation with respect to any unpaid claim. If the City is unable to determine the validity of any claim for labor or services furnished, the City may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined, and the claim, if valid, is paid by Contractor or the City. There shall be no final acceptance of the Work under the Contract until all such claims have been resolved.
City’s Rights and Responsibilities. 75 The City retains, solely and exclusively, all the rights, powers and authority exercised or held 76 prior to the execution of the Memorandum of Understanding. Without limiting the generality of 77 the foregoing, the rights, powers, and authority retained solely and exclusively by the City and 78 not abridged herein, include but are not limited to the following: to manage and direct its 79 business and personnel; to manage, control, and determine the mission of its departments, 80 building facilities in whole or in part; to direct the work force; to increase or decrease the work 81 force and determine the number of employees needed, to hire, transfer, promote and maintain the 82 discipline and efficiency of its employees; to establish work standards, and reasonable workload; 83 to specify or assign work requirements, and require overtime; to schedule working hours and 84 shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and 85 scope of work to be performed and the services to be provided; to determine the methods, 86 processes, means and places of providing services and to take whatever action necessary to 87 prepare for and operate in an emergency. 88
City’s Rights and Responsibilities. A. The City shall reimburse the Developer Four Hundred Twenty-Seven Thousand Eight Hundred Seventy-Seven Dollars ($427,877.00) for the construction costs for the Project including pavement and storm sewer costs, as shown on Exhibit B, attached hereto and incorporated herein for all purposes. The City shall not reimburse the Developer for water and wastewater public improvements. The reimbursement shall be paid to the Developer on or before January 1, 2020.
B. The City acknowledges and agrees that, prior to the effective date hereof, the Project has been (i) completed by the Developer, (ii) reviewed and inspected by the City, and (iii) approved and accepted by the City. During the work on the Project, the City had the right to review all documents, maps, plats, records, photographs, reports and drawings affecting the construction and to inspect the work in progress.
C. The City acknowledges and agrees that, prior to the effective date hereof, the City conducted a final inspection of the Project and that any deficiencies noted by the City during such inspection have been addressed by the Developer to the City's satisfaction.
D. From and after the effective date hereof, the City will assume responsibility for the maintenance of the accepted public improvements, and the Developer will not have any responsibility for any such maintenance.
City’s Rights and Responsibilities. Section 6 of Amendment No. 1, which modified Section 14 of the Original Agreement, is amended and supplemented with the following:
